JOGIGHOPA
(ASSAM) UNIT OF ASHOK PAPER MILLS LIMITED, CALCUTTA (ACQUISTION AND TRANSFER OF
UNDERTAKING) ACT, 1990 THE JOGIGHOPA (ASSAM) UNIT OF ASHOK PAPER MILLS LIMITED, CALCUTTA
(ACQUISTION AND TRANSFER OF UNDERTAKING) ACT, 1990 [Act No. 15 of 1990] [12th September, 1990] An Act to provide for, in the
public interest, acquisition of the right, title and interest of the industrial
undertaking of Messers the Jogighopa (Assam) Unit of the Ashok Paper Mills
Limited, Calcutta and for matters connected therewith or incidental thereto. Whereas the Jogighopa
(Assam) Unit of the Ashok Paper Mills Limited, (Registered Office Calcutta),
has been engaged in production, manufacture and procurement of raw materials
(therefore) of articles mentioned in the first Schedule to the Industries
(Development and Regulation) Act, 1951 (65 of 1951), namely, paper including
newsprint etc. at its Mill at Jogighopa in the district at Goalpara in the
State of Assam, which are essential to meet the needs of the public; Whereas the Industrial
Undertaking, namely, the Jogighopa (Assam) Unit of the Ashok Paper Mills
Limited, Calcutta has become sick and has been so held by the Board for
Industrial and Financial Re-construction within the meaning of clause (o) of
section 3 of the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of
1986), necessitating its rejuvenation and rehabilitation and subscription to
its all-round growth and development, owing to its public interest and in the
interest of the State of Assam; And whereas investment of
large amount of money is necessary for the rehabilitation and development of,
for starting and maintenance of production and for securing proper management
of the affairs of the aforesaid industrial undertaking; And whereas for the purpose
of re-constructing and rehabilitating the said industrial undertakings and
there by forming a viable unit to sub serve the interest of the general public
and of the State of Assam by the augmentation of production and distribution of
bamboo, pulp, paper, newsprint, paper board, caustic soda and chlorine which
are essential for the growth of economy of the country, it is necessary to
acquite the right, title and interest of the undertakings of the Jogighopa
(Assam) Unit of Messers Ashok Paper Mills Limited, Calcutta; It is hereby enacted in the
Forty-first Year of the Republic of India, by the Legislature of Assam, as follows
namely:-- (1)
This Act may be called the Jogighopa (Assam) Unit of Ashok Paper
Mills Limited, Calcutta (Acquistion and Transfer of Undertaking) Act, 1990. (2)
It shall come into force at once. In this Act, unless the
context otherwise requires:-- (a)
"appointed day" means the day on which this Act comes
into force; (b)
"book or paper" means books of accounts deeds, vouchers,
writings and documents and shall include any books of accounts, deeds, vouchers
and documents having bearing or relation with the existing facts or
circumstances; (c)
"Commissioner'' means Commissioner of payments appointed
under section 16; (d)
"Company" means the Jogighopa (Assam) Unit of Ashok
Paper Mills Limited being a Company incorporated under the Companies Act, 1956
(1 of 1956), having its registered office at Calcutta and registered as such. (e)
"Court" with respect to any offence under his Act, means
the Court of a Magistrate of First Class having jurisdiction in a district, but
does not include the High Court in the exercise of its original jurisdiction; (f)
''Government Company'' means a Company formed, after the appointed
day, by the State Government and registered under the Companies Act, 1956 (1 of
1956) and shall include a Company, if any, formed by the State Government
earlier for the specific purpose of acquisition and management of the
industrial undertaking of the Company registered under the Companies Act, 1956; (g)
"Notification" means a notification published in the
Official Gazette; (h)
"Prescribed" means prescribed by rules under this Act; (i)
"State Government" means the Government of Assam; (j)
words and expressions used herein and not defined but defined in
the Industries (Development and Regulation) Act, 1951 (65 of 1951) and the
Companies Act, 1956, have the meanings respectively assigned to them in these
Acts. On the appointed day, the
undertaking of the Company; and the right, title and interest of the Company in
relation to its undertaking, shall, by virtue of this Act, be transferred to,
and shall vest in, the State Government: Provided that nothing
herein contained or contained in any other law for the time being in force or
in the Memorandum or Articles of Association of the Company shall preclude from
transferring and vesting the undertaking of the Company to the State Government
or to a Government Company, as the case may be. (1)
The undertaking of the Company shall be deemed to include all
assets, rights, lease holds, powers, authorities and privileges, and all properties
movable and immovable including lands, buildings, workshops, goods and chattels
including stores, machineries and equipments, vehicles, office furniture, books
and stationery, cash balances including cash in hand, cheques, demand drafts
reserved funds, investments, book debts and all other rights and interests in,
or arising out of such properties as were, immediately before the appointed
day, in the ownership, possession or control of the undertaking of the company,
whether within or outside India and all other books and papers of accounts,
registers and all other documents of whatever nature relating thereto. (2)
All properties and assets as aforesaid which have vested in the
State Government under section 3 shall, by force of such vesting, be freed and
discharged from any trust, obligation, mortgage, charge, lien and other
encumbrances affecting it, and by force of such vesting any attachment,
injunction or any decree or order of any court or other authority restricting
the use of such property or assets in any manner or appointing any receiver in
respect of the whole or any part of such property or assets shall be deemed to
have been withdrawn. (3)
Every mortgage of any property which has vested under this Act in
the State 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 such manner as may be prescribed, an intimation to the State Government or
to Commission or any such officer as may be appointed by the State Government
in that behalf, of such mortgage, charge, lien or other interest. (4)
The mortgage of any property or any other person holding any
charge, lien or other interest in, or in relation to, any such property
referred to in sub-section (3) 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 of compensation determined under section 8 and
also out of the monies determined under section 9 but no such mortgage, charge,
lien or other interests shall be enforceable against any property which has
vested in the State Government. (5)
If on the appointed day, any suit appeal or other proceeding by or
against the Company, of whatever nature in relation to any property which has
vested in the State Government, under section 3, is pending, the same shall not
abate, be discontinued or be, in any way prejudicially affected by reason of
the transfer of the undertaking of the Company or of any thing contained in
this Act, but the suit, appeal or other proceeding may be continued, prosecuted
or enforced by or against the Company. Any licence, permit or
other instrument granted to the Company in relation to the undertaking which
has vested in the State Government under section 3 of this Act, at 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 tenure in
relation to and for the purpose of such undertaking of the Company and on and
from the date of vesting of such undertaking in a Government Company under
section 7, the concerned Government Company shall be deemed to be substituted
in such licence, permit or other instrument as if such licence, permit or other
instrument has been granted to such Government Company and such Government
Company shall hold it for the remaining period for which the concerned Company
would have held it under the terms thereof. (1) Liabilities
of the undertaking of the Company incurred in any period prior to the appointed
day shall be the liability of the Company and shall be enforceable against it
and not against the State Government or where the undertaking of the Company
are directed, under section 7, to vest in a Government Company, against that
Government Company; Provided that the State
Government, after observing proper financial formalities and by notification,
may declare certain liabilities or class or classes of liabilities to be the
liabilities of the State Government or the Government Company, as the case may
be. (2)
No award, decree or order of any Court, Tribunal or other
authority in relation to the undertaking of the Company passed on or after the
appointed day in respect of any matter, claim, dispute or cause of action
arising before the appointed day shall be enforceable against the State
Government or, against the Government Company where the undertaking of the
Company stands transferred to and vested in a Government Company under this
Act. (3)
No legal liability for controvertion before the appointed day by
the undertaking of any provision of law, for the time being in force, shall be
enforceable against the Central or the State Government or where the
undertaking of the Company are directed under section 6, to vest in a Government
again that Government Company. (1)
Notwithstanding anything contained in section 3 and section 4, the
State Government may, if it is satisfied that a Government Company is willing
to comply, or has complied, with such terms and conditions as that Government
may think fit to impose, direct, by notification, that the undertaking of the
Company and the right, title and interest of the Company in relation ?o its
undertaking which hag vested in that Government, vest in that Government
Company either on the date of the notification or on such earlier or later date
(not being a date earlier than the appointed day) as may be specified in the
notification. (2)
Where the right, title and interest of the Company in relation to
its undertaking vest in a Government Company under sub-section (1), the
Government Company shall, on and from the date of such vesting, be deemed to
have become the owner in relation to such undertaking and all the rights and liabilities of
the State Government in relation to such undertaking shall, on and from the
date of such vesting, be deemed to have become the rights and liabilities,
respectively, of the Government Company. For the transfer to and
vesting in the State Government under section 3 and the Government Company
under section 7 of this Act, and the right, title and interest of the Company
shall be given by the State Government or the Government Company, as the case
may be, in cash and in the manner specified in Chapter-VI, an amount that may
be fixed by the State Government duly considering the value of assets of the
Company and after observing proper financial formalities. (1)
For the deprivation of the Company of the management of its
undertaking there shall be given to the Company by the State Government such
sums as the State Government may decide, after observing due financial
formalities, to be due to the Company. (2)
The amount specified in section 8 and amount to be determined
under sub-section (1) shall carry simple interest at the rate of four percent
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 State Government or by the
Government Company, as the case may be, to the Commissioner. (3)
The amounts specified in sub-section (1) and sub-section (2) of
this section shall be paid in addition to the amount specified in section 8: Provided that the
liabilities of the Company prior to the appointed day, that is to say, the date
on which the undertaking has been transferred to and vested in the State
Government or the Government Company and in relation to the affairs of the
undertaking shall be discharged from the amount specified in section 8 and in sub-section (1) and (2) of
section 9 in the manner prescribed and in accordance with the rights and
priorities mentioned in the Schedule. (4) Where
liability of the Company in respect of the undertaking specified in the
Schedule is discharged by the State Government or by the Government Company
according to the order of priorities mentioned in the Schedule, the amount to
be paid to the Company under section 8 and sub-sections (1) and (2) of this
section, shall stand reduced to that extent. The Government Company or
any person or body of persons which the Government Company may, by order in
writing, specify, shall be entitled to exercise the powers of general
superintendence, direction, control and management of the affairs of the
business of the Company after the right, title and interest of the undertaking
of the Company have been transferred to and vested in the Government Company
under section 7 of this Act. The person or body of persons so authorised by the
Government Company shall be entitled to do all such things as the Government
Company is authorised to do under authority of the State Government or, under the
Rules under this Act. On the vesting of the
management of the undertaking of the Company in a Government Company, all
persons, in-charge of the management of the undertaking of the Company
immediately before such vesting shall be bound to deliver to the Government
Company all assets, books and papers of accounts, registers and other documents
in its custody relating to the undertaking. (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 or
belonging to the undertaking or would have so belonged if the undertaking of
the Company had not vested in the State Government or such Government Company,
shall be liable to account for the said assets, books, documents and other
papers to the State Government or the Government Company, as the case may be,
and shall deliver them upto the Government Company or to such person or persons
as the State Government or the Government Company may specify in this behalf. (2)
The Company shall within such period, as the State Government may
allow in this behalf, furnish to the State Government, a complete inventory of
all properties and assets, as on the appointed day, pertaining to the
undertaking which has vested in the State Government under this Act, and for
this purpose the State Government or, in cases so warranted, the Government
Company shall afford all reasonable facilities to the Company. (3)
The State Government or the Government Company may take, or cause
to be taken, all necessary steps for securing possession of the undertaking of
the Company which has vested in the State Government or the Government Company
under this Act. The Government Company
shall maintain accounts of the undertaking of the Company in accordance with
the provisions of the Companies Act, 1956. (1)
Every person who has been immediately before the appointed day,
employed in the undertaking of the Company shall become on and from the
appointed day, an employee of the Government Company with the same rights and
Privileges as to pension, gratuity and other matters as would have been
admissible to him if the rights in relation to the undertaking had not been
transferred to and vested in the Government Company and shall continue to do so
until and unless his employment in the Government Company duly terminated or
until his remuneration and other conditions of service are duly altered by the
Government Company. (2)
Notwithstanding anything contained in sub-section (1) (55 of
1951), any liability accruing or arising as a result of continuance of any
employee of the undertaking of the Company in the service of the Government
Company under this section, shall be borne by the Government Company only in
respect of any period on or after the appointed day, whichever date may be
approved by the State Government. (3)
Notwithstanding anything contained in the Industrial Disputes Act,
1947 or any other law for the time being in force, the transfer of the services
of any officer or other person employed in the undertaking of the Company, to
the Government Company, shall not entitle such officer or other employee to any
compensation under this Act, or any other law for the time being in force and
no such claim shall be entertained by any court, tribunal or other authority. (1)
Where before the appointed day the undertaking of the company had
established a Provident Fund, superannuation, welfare or other fund for the
benefit of the persons employed in the undertaking, the monies relatable to the
officers or other employees whose services have been transferred by or under
this Act, to the Government Company shall, out of the monies standing, on the
appointed day, to the credit of such provident fund superannuation, welfare or
other fund, stand transferred to and vest in the Government Company. (2)
The monies which stand transferred under sub-section (1) to the
Government Company shall be dealt with by the Government Company in such manner
as may be prescribed. (1)
The State Government shall, for the purpose of disbursing the
amounts payable under sections 7 and 8, by notification, appoint a Commissioner
of Payments. (2)
The State 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. The Commissioner may authorise different
persons to exercise different powers. (3)
Any person authorised by the Commissioner to exercise any of the
powers exercisable by him may exercise those powers in the same manner and with
the same effect as if such powers have been conferred on that person directly
by the State Government under this Act. (4)
The salaries and allowances of the Commissioner and other persons
appointed under this section shall be defrayed out of the consolidated fund of
State. (1)
The State Government or the Government Company, as the case may
be, shall within thirty days from the appointed day or the specified date as
may be prescribed, pay in cash the amounts mentioned in clauses (a) and (b) of
this section to the Commissioner for payment to the Company and to discharge
the liabilities of the Company in relation to the undertaking prior to the
appointed day in accordance with the Schedule; (a)
an amount equal to the amount specified in section 8; and (b)
an amount equal to the amount payable to the Company under section
9. (2)
A deposit account shall be opened by the State Government in
favour of the Commissioner in the
Public Account of the State, and every amount paid under this Act to
Commissioner shall be deposited by him to the credit of the said deposit
account and the said deposit account shall be operated by the Commissioner. (3)
The interest accruing on the amount standing to the credit of the
deposit account referred to in sub-section (2) shall accrue to the said
account. (1)
The State Government or the Government Company, as the case may
be, shall be entitled to receive, upto the specified date, to the exclusion of
all other persons, any money due to the Company in relation to the undertaking
which has vested in the State Government, or the Government Company, as the
case may be, and realised after the appointed day, notwithstanding that the
realisation pertains to a period prior to the appointed day. (2)
Save as otherwise provided in this Act, the liabilities of the
Company in respect of any period prior to the appointed day, which have not
been discharged by the State Government or the Government Company, shall be the
liabilities of the Company. Every person having a claim
with regard to any of the matters specified in the Schedule, pertaining to the
undertaking of the Company acquired under this Act, shall prefer such claim
before the Commissioner within thirty days from the specified date: Provided that if the
Commissioner is satisfied that the claimant was prevented by sufficient cause
from preferring the claim within the period of thirty days, he may entertain
the claim within a further period of thirty days, but not thereafter. The claims made under
section 19 shall have priorities in accordance with the following principle,
namely:-- (a)
categories listed higher will take precedence over the ones listed
lower in the Schedule that is to say, category I will take precedence over all
others and category II while coming next to category I will take precedence
over category III etc. and so on and so forth; (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; (c)
the liabilities specified in category II shall be discharged in
the manner agreed upon with the bank, financial institutions subject to the
priorities specified in this section; and (d)
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
meeting all the liabilities specified in the immediately higher category. (1)
On receipt of the claims made under Section 19, the Commissioner
shall arrange the claims in 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. (1)
After examining the claims with reference to the priorities set
out in the Schedule, the Commissioner shall fix a date on or before which every
claimant shall file the proof of his claim: (2)
Notice calling upon the claimants to file proof of one's claims to
the Commissioner shall be published in the Official Gazettee and shall be Put
in advertisement in one issue respectively of:-- (i)
any daily newspaper in English language having circulation in the
major part of the country; (ii)
any daily newspaper in Assamese language; and (iii)
any daily newspaper in other regional language as the Commissioner
may consider suitable. Not less
than fourteen days' notice from the last of the dates of such advertisement or
publication shall be allowed for filing proof of the claimant. (3)
Claimant who does not file the proof of his claim within the time
specified by the Commissioner, shall not be considered for any payment to be
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
his 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. (5)
The Commissioner shall also decide any dispute as to the person or
persons who is or who are entitled to the amount and any dispute as to who are
the legal representative of any deceased claimant. (6)
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 will 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 (5 of
1908), 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; (c)
the reception of evidences on affidavits; (d)
the issuing of any commission for the examination of witness. (7)
Any investigation before the Commissioner shall be deemed to he a
judicial proceeding within the meaning of Sections 193 and 228 of the Indian
Penal Code(45 of 1860), 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 (2 of 1974). (8)
A claimant, who is dissatisfied with the decision of the
Commissioner, may prefer an appeal against such decision to the principal civil
court of original jurisdiction within the local limits of whose jurisdiction
the undertaking of the Government Company is situated: Provided that where a
person who is a Judge of High Court is appointed to be the Commissioner such
appeal shall lie to the High Court at Guwahati, and such appeal shall be heard
and disposed of by not less than two Judges of that High Court. After admitting a claim
under this Act the amount due in respect of such claim shall be credited by the
Commissioner to the relevant fund or be paid to the person or persons to whom
such sums are due and on such credit or payment the liability of the Company in
respect of such claim shall stand discharged. (1)
If, out of the monies paid to him in relation to the undertaking
of the Company, there is a balance left after meeting the liabilities in
accordance with the priorities as specified in the Schedule, the Commissioner
shall disburse such balance to the Company. (2)
Where the possession of any machinery, equipment or other property
has vested in the State Government or the Government Company, as the case may
be, under this Act, but such machinery, equipment or other property does not
belong to the Company, it shall be lawful for the State Government or the
Government Company to continue to possess such machinery, equipment or other
property on the same terms and conditions under which they were possessed by
the Company immediately before the appointed day. Any money paid to the
Commissions which remains undisturbed or unclaimed on the date immediately
preceding the date on which the office of the Commissioner is finally worked
up, shall be transferred by the Commissioner, before his office is finally
wound up, to the general revenue account of the State Government. A claim to
any money so transferred may be preferred to the Stale Government by the person
entitled to such payment and shall be dealt with as if such transfer has not
been made and the older, if any, for payment of the claim being treated as an
order, for the refund of revenue. For the purpose of
ascertaining whether any person claiming payment under this Act, is entitled
thereto, the Commissioner shall have the right and power to-- (a)
require any person, having the possession, custody or contract of
any register or record of the undertaking of the Company, to produce such
register or record before the Commissioner; (b)
require any person to make any statement or furnish any
information which may be required by the Commissioner. (1)
Where any liability of the Company arising out of any item
specified in the category-I of the Schedule is not discharged fully by the
Commissioner out of the amounts paid to him under this Act, the Commissioner
shall intimate in writing to the State Government to the extent of the
liability which remains undischarged and that liability shall be assumed by the
State Government. (2)
The State Government may, by order, direct the Government Company
to take over the liability assumed by the State Government under sub-section
(1) and on receipt of such direction, it shall be the duty of the Government
Company to discharge such liability. The provisions of this Act
shall have effect notwithstanding anything inconsistent therewith 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. Every contract entered into
by the under-taking of the Company which has vested in the State Government
under section 3, for any service, sale or supply, and in force immediately
before the appointed day, shall, on and from expiry of one hundred and eighty
days from the appointed day, cease to have effect unless such contract before
the expiry of the said period is ratified, in writing by i.e. State Government or
the Government Company in which the undertaking of the Company has vested under
this Act and in ratifying such contract, he State Government or Government
Company may make such alterations or modifications therein as it, may think
fit: Provided that the State
Government or the Government Company 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
interest of the State Government or the Government Company; and (b) ??except after giving 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 modification therein. Any person, who,-- (a)
having in his possession, custody or control any property forming
part of the undertaking of the Company wrongfully withholds such property from
the State Government or the Government Company; or (b)
wrongfully obtains possession of or retains any property forming
part of the undertaking of the Company which has vested in the State Government
or in the Government Company under this Act ; or (c)
wilfully withholds or fails to furnish to the State Government or
Government Company, as the case may be, any document relating to the
undertaking, which may be in his possession custody or control; or (d)
wilfully fails to furnish to the State Government or the
Government Company, as the case may be, any assets, books of accounts registers
or other documents in his possession, custody or control, relating to the
undertaking; or (e)
wrongfully removes or destroys an property forming part of the
undertaking or prefers any claim under this Act which he knows or has reason to
believe to be false or grossly inadequate; shall on conviction 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. No Court shall take
cognizance of an offence punishable under this Act, except with the previous
sanction of the State Government or of an officer authorised by Government in
this behalf. (1) where an
offence under this Act has been committed by a company, every person who at the
time when the offence was committed, was incharge of, and was responsible to
the Company for conduct of business of the Company, as well as the Company,
shall be deemed to be guilty of offence and shall be liable to be proceeded
against and punished accordingly: Provided that nothing
contained in this subsection 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 (1) where any offence under this Act 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, then such Director,
Manager, Secretary or officer, shall be deemed to be guilty of that offence and
shall be liable to be proceded against and punished accordingly. 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. (1)
No suit, prosecution or other legal proceeding shall lie against
the State Government or any officer of that Government or the Government
Company or other person authorised by that Government Company for anything
which is done or intended to be done under this Act in good faith. (2)
No suit, prosecution or other legal proceedings shall lie against
the State Government or any of its officers or other employees of the
Government Company or any officer or other person authorised by the Government
Company for any damage caused or likely to be caused by anything which is done
or intended to be done under this Act in good faith. (1)
The State Government may, by notification, direct that all or any
of the powers exercisable by it under this Act, other than the powers conferred
by section 35 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 State Government. (1)
The State Government may, by notification make rules for carrying
out provisions of this Act. (2)
In particular, and without prejudice to the generality of the
foregoing power, such rule may provide for all or any of the following matters,
namely:-- (a)
the time within which, and the manner in which, an intimation
referred to in sub-section (2) of section 4 shall be given; (b)
the form and the manner in which and the conditions under which,
the Government Company shall maintain the accounts as required by section 13; (c)
the manner in which moneys in any provident fund or other fund
referred to the section 15 shall be dealt with; (d)
any other matter which is required to be or may be prescribed. (3)
Every rule made by the State Government under this Act, shall be
laid as soon as may be after it is made, before the Assam Legislative Assembly
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 successive sessions
aforesaid, the State Legislature agrees in making any modifications in the rule
or the State Legislature agrees 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. Any such modification or annulment shall, however, be without
prejudice to the validity of anything previously done under that rule. If any difficulty arises in
giving effect to the provisions of this Act, the State Government may, as
occasion arises, by order, not inconsistent with the provisions of this Act,
remove the difficulty: Provided that no such order
shall be made after expiry of a period of two years from the date on which this
Act, is first published in the Official Gazette. (i)
The Jogighopa (Assam) Unit of Ashok paper Mills Limited (
Acquisition and Transfer of Undertaking) Ordinance, 1990 is HEREBY REPEALED. (ii)
NOTWITHSTANDING such repeal; anything done or any action taken or
purported to have been taken under the ordinance so repealed shall be deemed to
have been done or taken under corresponding provision of this Act. Schedule - THE SCHEDULE THE SCHEDULE (See sections 9, 19, 20, 2 1, 22 and 24) Order of priority for the discharge of the liabilities of the
Company in respect of the Undertaking. Pre-Appointed Day Management period. CATEGORY: I Employees'
dues on account of unpaid salaries and wages, provident fund, Employees' State
Insurance Contribution and any other amounts due to employees before the date
of taking over of the management of the Undertaking of the Company on the
appointed day. CATEGORY: II Secured
loans of the Bank and Financial Institutions. CATEGORY: III Revenue,
taxes, cesses, rates and other due to the Central and State Government and
local authorities or State Electricity Board. CATEGORY: IV Principal
amount of unsecured loans advanced by Banks and Financial Institutions, CATEGORY: V Amounts
due by way of interest on unsecured loans referred to the Category IV. CATEGORY: VI Any other
credit availed of for the purposes of carrying on any trading or manufacturing
operations and any ether dues.
Preamble - THE JOGIGHOPA (ASSAM) UNIT OF ASHOK PAPER MILLS
LIMITED, CALCUTTA (ACQUISTION AND TRANSFER OF UNDERTAKING) ACT, 1990PREAMBLE