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रजिस्ट्री सं ० डी-( डी ) -72

REGISTERED No. D- (D) -72

046 MEA भारत का राजपत्र The Gazette of India

असाधारण

EXTRAORDINARY

भाग II सण्ड 1

PART II- Section 1

प्राधिकार से प्रकाशित

PUBLISHED BY AUTHORITY

नई दिल्ली, सोमवार, विसम्बर 26 , 1983/पौष 5 , 1905

NEW DELHI , MONDAY, DECEMBER 26, 1983 /PAUSA 5, 1905

सं० 51] No. 5x]

इस भाग में भिम्म पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।

Separate paging is given to this Part In order that it may be filled as a separate compilation

MINISTRY OF LAW , JUSTICE AND COMPANY AFFAIRS

(Legislative Department)

New Delhi , the 26th December , 1983/ Pausa 5 , 1905 ( Saka )

The following Act of Parliament received the assent of the President on the 25th December , 1983 , and is hereby published for general information:-

THE TRANSFORMER AND SWITCHGEAR LIMITED (ACQUISITION AND TRANSFER OF UNDERTAKINGS )

ACT, 1983

No. 41 OF 1983

[25th December, 1983. ]

AnAct to provide for the acquisition and transfer of the undertakings of the transformer and Switchgear Limited with a view to secu- ring the better utilisation of the available infra - structure thereof and to modernise and augment the production of transformers , switchgears and other allied electrical equipments by the said undertakings so as to subserve the interests of the general public by ensuring the continued supply of the aforesaid articles which are essential to the needs of the economy of the country and for matters connected therewith or incidental thereto .

65 of 1931 .

WHEREAS the Transformer and Switchgear Limited are engaged in the production of certain articles mentioned in the First Schedule to the Industries (Development and Regulation ) Act , 1951 , under the heading "ELECTRICAL EQUIPMENT";

AND WHEREAS the Company had been suffering heavy losses for a number of years with the result that a majority of the workers of the Company had been laid off and the affairs of the Company are being managed in a manner prejudicial to the interests of the Company and the public interest ;

( 1 ) 2

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AND WHEREAS for the purpose of securing the better utilisation of the available infra -structure of the undertakings of the Company and for modernis- ing and augmenting the production of transformers , switchgears and other allied electrical equipments by the said undertakings , investment of a large amount is necessary ;

AND WHEREAS it is necessary to acquire the undertakings of the Trans- former and Switchgear Limited to enable the Central Government to have such investments made so as to subserve the interests of the general public by the continuance by the undertakings of the Company of the production and supply of the aforesaid articles which are essential to the needs of the economy of the country ;

BE it enacted by Parliament in the Thirty-fourth Year of the Republic of India as follows: -

CHAPTER I

PRELIMINARY

1 (1 ) This Act may be called the Transtormer and Switchgear Limit- ed ( Acquisition and Transfer of Undertakings ) Act , 1983 .

Short title and cor mencement .

(2) It shall be deemed to have come into force on the 8th day of November , 1983 .

2. In this Act, unless the context otherwise requires ,--

Defini- tions.

( 4) " Andrew Yule " means Andrew Yule and Company Limited, Calcutta , a company formed and registered under the Companies Act, 1956;

1 of1956 .

( b) " appointed day " means the 8th day of November, 1983 ;

1 of1956 .

( d) " Company " means the Transformer and Switchgear Limited , being a company as defined in the Companics Act , 1956 , and having its registered office at 21 , Guindy Road , Adyar , Madras - 600020;

( e) "notification " means a notification published in the Official Gazette;

( f ) " prescribed " means prescribed by rules made under this Act ;

( g ) " specified date" in relation to any provision of this Act , mean such date as the Central Government may , by notification , specify for the purposes of that provision and different dates may be specified for different provisions of this Act ;

SEC . 1 ]

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1 of1956.

(h) words mdepressions used herein and not defined but defined in the Companies Act , 1956 , shall have the meanings , respectively , assigned to them in that Act .

CHAPTER II

ACQUISITION AND TRANSFER OF THE UNDERTAKINGS OF THE COMPANY

3. 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 vest in the Central Government .

Transfer to, and vesting in, the Cen- tral Gov- ernment of the under- takings of the Com- рапу .

General effect of vesting.

4. (1) The undertakings of the Company shall be deemed to include all assets , rights , lease -holds , powers , authorities and privileges , and all property , movable and immovable , including lands , buildings , workshops , stores , instru- ments , machinery and equipment , cash balances , cash on hand , reserve funds , investments , book debts 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 Company, whether within or outside India , and all books of account , registers and all other documents of whatever nature relating thereto.

(2) All properties as aforesaid which have vested in the Central Government under section 3 shall , by force of such vesting , be freed and discharged from any trust , obligation , mortgage , charge , lien and all other incumbrances affecting them . and any attachment, injunction , decree or order of any court , tribunal or other authority restricting the use of such properties in any manner shall be deemed to have been withdrawn .

(3) Every mortgagee of any property which has vested under this Act in the Central Government and every person holding any charge , lien or other interest in, or in relation to, any such property shall give , within such time and in such manner as may be prescribed , an intimation to the Commissioner of such mortgage, charge , lien or other interest .

(4) For the removal of doubts . it is hereby declared that the mortgagee of any property referred to in sub-section ( 3 ) or any other person holding any charge , lien or other interest in , or in relation to , any such property shall be entitled to claim , in accordance with his rights and interests , payment of the mortgage money or other dues , in whole or in part, out of the amount specified in section 7 and 3 o of the amount determined under section 8, but no such rmortgage charge lien or other interest shall be enforceable against any property which has vested in the Central Government.

(5) Any licence or other instrument granted to the Company in relation to any undertaking which has vested in the Central Government under section 3 , at THE GAZETTE OF INDIA EXTRAORDINARY

[PART I-

any time before the appointed day and in force immediately before that day, shall continue to be in force on and after such day in accordance with its tenor in relation to, and for the purposes of, such undertaking and on and from the date of vesting of such undertaking under section 6 in Andrew Yule , that com- pany shall be deemed to be substituted in such licence or other instrument as if such licence or other instrument had been granted to Andrew Yule and that company shall hold it for the remainder of the period for which the Company would have held it under the terms thereof .

(6) If, on the appointed day , any suit , appeal or other proceeding of what- ever nature in relation to any property which has vested in the Central Govern- ment under section 3 , instituted or preferred by or against the Company is pending, the same shall not abate , be discontinued or be , in any way , prejudi- cially affected by reason of the transfer of the undertakings of the Company or of anything contained in this Act, but the suit , appeal or other proceeding may be continued, prosecuted or enforced by or against the Central Government, or where the undertakings of the Company are directed under section 6, to vest in Andrew Yule , by or against Andrew Yule.

5. (1) Every liability of the Company in respect of any period prior to the appointed day , shall be the liability of the Company and shall be enforceable against it and not against the Central Government , or, where the undertakings of the Company are directed under section 6 to vest in Andrew Yule , against Andrew Yule.

Contral Govern ment of Andrew Yule not to be liable for prior Ha. bilities.

(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 Gov- ernment, or , where the undertakings of the Company are directed under section 6 to vest in Andrew Yule , against Andrew Yule;

(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 under- takings of the Company are directed under scotion 6 to vest in Andrew Yule, against Andrew Yule;

(c) no liability incurred by the Company before the appointed day, for the contravention of a provision of any 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 Andrew Yule, against Andrew Yule.

6. (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 the Central Government under section 3 , shall , instead of continu- ing to vest in the Central Government , vest in Andrew Yule either on the date Power of the Central Govern- ment to direct vesting SEC. 1]

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of the notification on on such carlier or jater date ( not being a date earlier than the appointed day) as maybe specified in the notification .

of the ings of undertak- the Com- pany in Andrew Yule.

(2) Where the right , title and interest of the Company in relation to its undertakings vest in Andrew Yule under sub - section ( 1 ) , Andrew Yule shall , on and from the date of such vesting , be deemed to have become the owner in relation to such undertakings , and all the rights and liabilities of the Central Gov- ernment in relation to such undertakings shall , on and from the date of such vesting , be deemed to have become the rights and liabilities of Andrew Yule .

CHAPTER III

PAYMENT OF AMOUNTS

ment of amount . Pay- 7. For the transfer to , and vesting in, the Central Government , under section 3 , of the undertakings of the Company and the right , title and interest of the Company in relation to its undertakings , there shall be paid by the Central Government to the Company , in cash , and in the manner specified in Chapter VI , an amount of rupees seventy - eight lakhs and twenty- six thousand.

Payment of fur- ther amount .

8. ( 1 ) The amount specified in section 7 shall carry simple interest at the rate of four per cent. per annum for the period commencing on the appointed day and ending on the date on which payment of such amount is made by the Central Government to the Commissioner.

(2) The amount determined in accordance with the provisions of sub- section ( 1) shall be paid by the Central Government to the Company in addition to the amount specified in section 7 .

(3) For the removal of doubts , it is hereby declared that the liabilities of the Company, in relation to its undertakings which have vested in the Central Government under section 3 , shall be discharged from the amount referred to in section 7 , and also from the amount determined under sub -section ( 1) in accordance with the rights and interests of the creditors of the Company.

CHAPTER IV

MANAGEMENT, ETC. , OF THE UNDERTAKINGS OF THE COMPANY

ment, etc. , of the under- Manage- takings of the Company.

9. The general superintendence , direction , control and management of the affairs and business of the undertakings of the Company , the right . title and interest in relation to which bave vested in the Central Government under sec- tion 3 , shall, where a direction has been made by the Central Government under sub -section ( 1 ) of section 6 , vest in Andrew Yule and thereupon Andrew Yule shall be entitled to exercise , to the exclusion of all other persons , all such powers and do all such things as the Company was authorised to exercise and do in relation to its undertakings .

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10. ( 1 ) , veing of the management of the undertakings of the Coripany na Yule , all persons in charge of the management of the undert 18 ot the Company immediately before such vesting , shall be bound to deliver to Andrew Yule , all assets , books of account , regis- ters and other documents in their custody relating to the undertakings of the Company.

Duty of persons in charge of manage- ment of the under- takings of the Company to deli- ver all assets, etc.

(2) The Central Government may issue such directions as it may deem desirable in the circumstances of the case to Andrew Yule and that company 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 conduct- ed or in relation to any other matter arising in the course of such management .

Duty of persons to account for assets, etc., in their possession.

11. (1) Any person who has , on the appointed day, in his possession or under his control , any assets , books , documents or other papers relating to any of the undertakings owned by the Company, which have vested in the Central Government or in Andrew Yule under this Act , and which belong to the Company or would have SO belonged , if the undertakings owned by the Company had not vested in the Central Government or Andrew Yule , shall be liable to account for the said assets , books , documents and other papers to the Central Government or Andrew Yule and shall deliver them up to the Central Government or Andrew Yule or to such person or persons as the Central Government or Andrew Yule may specify in this behalf .

(2 ) The Central Government or Andrew Yule may take or cause to be taken all necessary steps for securing possession of the undertakings of the Company which have vested in the Central Government or Andrew Yule under this Act .

( 3) The Company shall , within such period as the Central Govern- ment may a'low in this behalf, furnish to that Government a complete inventory of all its properties and assets , as on the appointed day, pertaining to the under- takings which have vested in the Central Government under section 3 , and , for this purpose , the Central Government or Andrew Yule shall afford to the Company all reasonable facilities .

CHAPTER V

PROVISIONS RELATING TO THE EMPLOYEES OF THE COMPANY

12. ( 1 ) Every person who has been, immediately before the appoint- ed day, employed in any of the undertakings of the Company shall become,-

Conti- nuance ofemplo yees .

(a) on and from the appointed day, an employee of the Central Government ; and

directed (b) where the undertakings of the Company are under sub section ( 1) of section 6 to vest in Andrew Yule , an em- ployee of Andrew Yule on and from the date of such vesting,

and shall bed office or service under the Central Government or Andrew Yule , as the case may be , with the same rights and privileges as to pension , gratuity and other raters as would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under SEC . 1 ]

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the Central Government or Andrew Yule , as the case may be , is duly terminated or until his remuneration and other conditions of service are duly altered by the Central Government or Andrew Yule , as the case may be .

14 of 1947.

(2 ) Notwithstanding anything contained in the Industria ! Disputes Act , 1947 , or in any other law for the time being in force , the transfer of the services of any officer or other person employed in any undertaking of the Company to the Central Government or Andrew Yule shall not entitle such officer or other employce to any compensation under this Act or under any other law for the time being in force and no such claim shall be entertained by any court , tribunal or other authority.

Provi- dent fund and other funds.

13. ( 1 ) Where the Company has established a provident fund , superannua- tion fund, welfare fund or any other fund for the benefit of the persons employed in any of the undertakings of the Company, the monies relatable to the officers or other employees , whose services have become transferred , by or under this Act, to the Central Government or Andrew Yule , shall , out of the monies standing , on the appointed day, to the credit of such provident fund, supcran- nuation fund, welfare fund or other fund , stand transferred to, and vest in, the Central Government or Andrew Yule , as the case may be .

(2) The monies which stand transferred under sub - section ( 1 ) to the Cen- tral Government or Andrew Yule , as the case may be , shall be dealt with by that Government or that company in such manner as may be prescribed .

CHAPTER VI

COMMISSIONER OF PAYMENTS

14. ( 1 ) The Central Government shall , for the purpose of disbursing the amounts payable to the Company under sections 7 and 8 , by notification , appoint a Commissioner of Payments .

Appoint- ment of Com- missioner of Pay- ments .

(2) The Central Government may appoint such other persons as it may think fit to assist the Commissioner and thereupon the Commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this Act and different persons may be authorised to exercise different powers .

(3 ) Any person authorised by the Commissioner to exercise any of the powers exercisable by the Commissioner may exercise those powers in the same manner and with the same effect as if they have been confcrred on that person directly by this Act and not by way of authorisation .

( 4 ) The salaries and allowances of the Commissioner and other persons appointed under this section shall be defrayed out of the Consolidated Fund of India.

15. ( 1 ) The Central Government shall , within thirty days from the specified date , pay in cash to the Commissioner , for payment to the Company-

(a) an amount equal to the amount specified in section 7 , and

Payment by the Central Govern- ment to the Com- missioner, (b) an amount equal to the amount payable to the Company under section 8.

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(2) A deposit account shall be opened by the Central Government in favour of the Commissioner, in the Public Account of India, and every amount paid under this Act to the Commissioner shall be deposited by him to the credit of tho said deposit account and the said deposit account shall be operated by the Commissioner .

(3 ) Records shall be maintained by the Commissioner in respect of the undertakings of the Company in relation to which payment has been made to him under this Act ,

(4 ) The interest accruing on the amount standing to the credit of the deposit account referred to in sub - section ( 2 ) shall enure to the benefit of the Company.

16. ( 1 ) The Central Government or Andrew Yule , as the case may be , shall be entitled to receive up to the specified date , to the exclusion of all other per- sons , any money due to the Company, in relation to its undertakings which have vested in the Central Government or Andrew Yule , and realised after the appointed day, notwithstanding that the realisation pertains to a period prior to the appointed day.

Certain powers of the Cen- tral Govern- ment or Andrew Yule.

(2) The Central Government or Andrew Yule , as the case may be , may make a claim to the Commissioner with regard to every payment made by it after the appointed day for discharging any liability of the Company in relation to any period prior to the appointed day ; and every such claim shall have prio- rity in accordance with the priorities attaching, under this Act, to the matter in relation to which such liability has been discharged by the Central Government or Andrew Yule .

(3) Save as otherwise provided in this Act . the liabilities of the Company in respect of any transaction prior to the appointed day, which have not been discharged on or before the specified date , shall be the liabilities of the Company .

17. Every person having a claim against the Company with regard to any of the matters specified in the Schedule pertaining to the undertakings of the Com- pany shall prefer such claim before the Commissioner within thirty days from the specified date:

Claims to be made to the Com- missioner ,

Provided that if the Commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days , he may entertain the claim within a further period of thirty days and not thereafter,

Priority of claims.

18. The claims made under section 17 shall have priorities in accordance with the following principles , namely:-

(a) Category I shall have precedence over all other categories and Category II shall have precedence over Category III , and so on;

(b) the claims specified in each of the categories shall rank equally and be paid in full, but , if the amount is insufficient to meet such claims in full , they shall abate in equal proportions and be paid accordingly; and

(c) the question of discharging any liability with regard to a matter specified in a lower category shall arise only if a surplus is left after meer- ing all the liabilitics specified in the immediately higher category .

SEC . 1 ]

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Exami- nation of claims, 19. ( 1 ) On receipt of the claims made under section 17, the Commissioner shall arrange the claims in the order of priorities specified in the Schedule and examine the same in accordance with such order of priorities .

(2) If, on examination of the claims , the Commissioner is of opinion that the amount paid to him under this Act is not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine the claims in respect of such lower category .

20. ( 1 ) After examining the claims with reference to the priorities set out un the Schedule , the Commissioner shall fix a certain date on or before which every claimant shall file the proof of his claim .

Admis- sion or rejection ofclaims .

(2) Not less than fourteen days' notice of the date so fixed shall be given by advertisement in one issue of any daily newspaper in the English language having circulation in the major part of the country and one issue of any daily ucwspaper in such regional language as the Commissioner may consider suitable, and every such notice shall call upon the claimant to file the proof of his claim with the Commissioner within the period specified in the advertisement .

( 3 ) Every claimant who fails to file the proof of his claim within the time specified by the Commissioner shall be excluded from the disbursements made by the Commissioner.

(4) The Commissioner shall , after such investigation as may, in his opinion, be necessary and after giving the Company an opportunity of refuting the claim and after giving the claimant a reasonable opportunity of being heard , by order in writing , admit or reject the claim in whole or in part .

5of 1908 .

(5) The Commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions , including the place or places at which he may hold his sittings and shall , for the purpose of making an investigation under this Act , have the same powers as are vested in a civil court under the Code of Civil Procedure , 1908 , while trying a suit , in respect of the following matters , namely:-

(a) the summoning and enforcing the attendance of any witness and examining him on oath;

( b ) the discovery and production of any document or other material object producible as evidence;

(d) the issuing of any commission for the examination of witnesses .

45 of 1860 .

(6) Any investigation before the Commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the Commissioner shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure , 1973 .

2of 1974.

(7) A claimant , who is dissatisfied with the decision of the Commissioner , may prefer an appeal against the decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the registered office of the Company is situated:

Provided that where a person who is a Judge of a High Court is appointed to be the Commissioner , such appeal shall lie to the High Court of Madras and such appeal shall be heard and disposed of by not less than two Judges of that High Court.

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21. After admitting a claim under this Act, the amount due in respect of such claim shall be paid by the Commissioner to the person or persons to whom such amount is due , and on such payment , the liability of the Company in respect of such claim shall stand discharged.

Disburse- ment of money by the Com- missioner to clai- mants.

22. ( 1) If, out of the monies paid to him in relation to the undertakings of the Company , there is a balance left after meeting the liabilities as specified in the Schedule, the Commissioner shall disburse such balance to the Company.

Disburse- ment of amounts to the Company.

(2) Where the possession of any machinery , equipment or other property has vested in the Central Government or Andrew Yule under this Act , but such machinery , equipment or other property does not belong to the Company , it shall be lawful for the Central Government or Andrew Yule to continue to possess such machinery or equipment or other property on the same terms and conditions under which they were possessed by the Company immediately before the appointed day.

Undisbur- sed or unclaimed amount to be depo- sited to the gene- ral re- venue ac- count .

23. Any money paid to the Commissioner which remains undisbursed or un- claimed on the date immediately preceding the date on which the office of the Commissioner is finally wound up, shall be transferred by the Commissioner,be- fore his office is finally wound up , to the general revenue account of the Central Government; but a claim to any money so transferred may be preferred to the Central Government by the person entitled to such payment and shall be dealt with as if such transfer had not been made, and the order, if any , for payment of the claim, being treated as an order for the refund of revenue.

CHAPTER VII

MISCELLANEOUS

Act to have overriding effect .

24. The provisions of this Act shall have effect notwithstanding any- thing inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law, other than this Act or in any decree or order of any court, tribunal or other authority.

Contracts to cease to have effect unless ra- tifiedby the Central Government orAnd- rew Yule .

25. Every contract entered into by the Company in relation to its undertak- ings , which has vested in the Central Government under section 3 , for any service, sale or supply and in force immediately before the appointed day, shall , on and from the expiry of one hundred and eighty days from the appointed day, cease to have effect unless such contract is , before the expiry of that period, ratified , in writing, by the Central Government or Andrew Yule , in which such undertakings have been vested under this Act, and in ratifying such con- tract , the Central Government or Andrew Yule may make such alteration or modification therein as it may think fit:

Provided that the Central Government or Andrew Yule shall not omit to ratify a contract and shall not make any alteration or modification in a contract-

(a) unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interests of the Cen- tral Government or Andrew Yule ; and

(b) except after giving to the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alteration or modifica- tion therein.

SEC . 1 ]

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Protection of action taken in good faith, 26. (1 ) No suit , prosecution or other legal proceeding shall lie against the Central Government or any officer or other employee of that Government or Andrew Yule or other person authorised by the Central Government or Andrew Yule for anything which is in good faith done or intended to be done under this Act.

(2) No suit or other legal proceeding shall lie against the Central Govern- ment or any of its officers or other employees or Andrew Yule or other person authorised by the Central Government or Andrew Yule for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act .

Delegation ofpowers 27. ( 1) The Central Government may , by notification , direct that all or any of the powers exercisable by it under this Act , other than the powers con- ferred by this section , section 30 and section 31 , may also be exercised by such 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 .

Penalties 28. Any person who ,-

(a) having in his possession , custody or control any property forming part of the undertakings of the Company, wrongfully withholds such pro- perty from the Central Government or Andrew Yule ; or

(b ) wrongfully obtains possession of, or retains , any property forming part of the undertakings of the Company ; or

(c) wilfully withholds or fails to furnish to the Central Government or Andrew Yule or any person or body of persons specified by that Govern- ment or Andrew Yule , as the case may be , any document relating to the undertakings of the Company , which may be in his possession , custody or control; or

(d) fails to deliver to the Central Government or Andrew Yule or to any person or body of persons specified by that Government or Andrew Yule , any assets , books of account , registers or other documents in his possession, custody or control , relating to the undertakings of the Company ; or

(e) wrongfully removes or destroys any property forming part of the undertakings of the Company ; or

(f) prefers any claim under this Act which he knows or has reasonable cause to believe to be false or grossly inaccurate , shall be punishable with imprisonment for a term which may extend to two years , or with fine which may extend to ten thousand rupees , or with both.

Offences by com- panies.

29. (1 ) Where an offence under this Act has been committed by a company, every person who , at the time the offence was committed, was in charge of, and was responsible to , the company , for the conduct of the busi- ness of the company , as well as the company , shall be deented to be guilty of the offence and shall be liable to be proceeded against and punished ac- cordingly

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 .

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(2) Notwithstanding anything contained in sub -section ( 1 ) , where any offence under this Act has been committed by a company and it is prov- cd 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 procceded against and punished accordingly.

Explanation . For the purposes of this section,-

( a) "company" means any body corporate and includes a firm o other association of individuals ; and

( b ) " director " , in relation to a firm , means a partner in the firm

30. ( 1 ) The Central Government may , by notification , make rules for carrying out the provisions of this Act .

Power to make tules,

(2 ) In particular , and without prejudice to the generality of the foregoing power , such rules may provide for all or any of the following matters , namely:-

(a) the time within which , and the manner in which , an intimation shall be given to the Commissioner under sub- section ( 3 ) of section 4;

(b ) the manner in which the monies in any provident fund or other fund under section 13 shall be dealt with;

(3 ) Fvery rule made by the Central Government under this Act shall be laid, as soon as may be after it is made , before each House of Parlia- ment, while it is in session , for a total period of thirty days which may be comprised in one session or in two or more successive 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 the rule or both Houses agree that the rule should not be made, the rule shall there- after 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 with- out prejudice to the validity of anything previously done under that rule .

31. If any difficulty arises in giving effect to the provisions of this Act , the Central Government may , by order , not inconsistent with the provisions of this Act , remove the difficulty:

Power to remove difficul- ties.

Provided that no such order shall be made after the expiry of a period of two ears from the appointed day .

32. (1 ) The Transformer and Switchgear Limited (Acquisition and 11 of 1983 . Transfer of Undertakings ) Ordinance , 1983 , is hereby repealed.

Repeal and saving.

(2) Notwithstanding such repeal , anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act .

THE SCHEDULE

(See sections 17, 19 , 20 and 22)

ORDER OF PRIORITIES FOR THE DISCILARGE OF LIABILITIES OF THE COMPANY

Category I-

(a) Wages , salaries and other dues payable to the employees of the Company.

SIC, 1 ]

THE GAZETTE OF INDIA EXTRAORDINARY

(b) Deductions made from the salaries and wages of the employees for provident fund , Employees' State Insurance contribution , premium re- lating to Life Insurance Corporation of India or for any other pur poses.

(c) Arrears in relation to contributions to be made by the Company to the provident fund , Employees' State Insurance Fund, Life Insurance Corporation premium and any other arrear under any law for the time being in force ( excluding gratuity) .

Category II-

Principal amount of secured loans advanced by-

( i) Central Government;

(ii) State Government;

(ii) Banks ;

( iv) Public financial institutions;

(v) Others .

Category III-

Principal amount of unsecured loans advanced by-

( i ) Central Government ;

(ii) State Government;

( ii ) Banks;

(iv ) Public financial institutions .

Category IV-

(a) Any credit availed of by the Company for the purpose of carry- ing on any trading or manufacturing operations .

(b) Any dues payable to the State Electricity Boards or other Government or semi- Government institutions for supply of goods or services .

Category V-

(a) Revenue, taxes , cesses , rates or other due to Central Govern- ment, StateGovernment and local authorities .

(b) Any other loans or dues .

R. V. S. PERI SASTRI , Secy, to the Govt . of India.

FRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS , MIN TO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER ΟΙ PUBI ICATIONS , DI ID . 1983