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GANESH FLOUR MILLS COMPANY LIMITED (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT

Ministry of Law and Justice

Act nº 16 of 1984


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Chapter VI
  • Chapter VII
  • Schedules
  • Act nº 16 of 1984

Preamble

GANESH FLOUR MILLS COMPANY LIMITED (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1984

[Act, No. 16 of 1984]

[30th March, 1984]

PREAMBLE

An Act provides for the acquisition and transfer of the right, title and interest of certain undertaking of the Ganesh Flour Mills Company Limited with a view to sustaining and strengthening the nucleus of public owned or controlled units required for ensuring supply of wholesome vanaspati and refined edible oils, nutritious foods and other consumer commodities to the public at reasonable prices and thereby to give effect to the policy of the State towards securing the principles specified in clauses (b) and (c) of article 39 of the Constitution.

WHEREAS the Ganesh Flour Mills Company Limited has through the Ganesh Flour Mills been engaged mainly in the manufacture and production of certain commodities, namely, vanaspati, refined edible oils, various types of nutritious foods and other consumer commodities which are essential to the needs of the community;

AND WHEREAS the management of the Ganesh Flour Mills was taken over by the Central Government under the Industries (Development and Regulation) Act 1951;

AND WHEREAS it is necessary to acquire the undertakings of the Ganesh Flour Mills Company Limited in relation to the Ganesh Flour Mills for sustaining and strengthering the nucleus of public owned or controlled units required for ensuring supply of wholesome vanaspati, refined edible oils, various types of nutritious foods and other consumer commodities to the pubic at reasonable prices;

AND WHEREAS such acquisition is for giving effect to the policy of the State towards securing the principles specified in clauses (b) and (c) of article 39 of the Constitution;

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

Chapter I

Section 1. Short title and commencement

(1) This Act may be called the Ganesh Flour Mills Company Limited (Acquisition and Transfer of undertakings) Act, 1984.

(2) It shall be deemed to have come into force on the 28th day of January 1984.

Section 2. Definitions

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

(a) "appointed day" means the 28th day of January, 1984.

(b) "Commissioner" means the Commissioner of Payments appointed under section 14.

(c) "Company" means the Ganesh Flour Mills Company Limited Delhi, a company within the meaning of the Companies Act, 1956, and having its registered office at Subzi Mandi Delhi;

(d) "date of taking over" means the date on which the management of the Ganesh Flour Mills of the Company was taken over by the Board of Management by virtue of the Order of the Government of India in the late Ministry of Industrial Development No. S.O. 695(F)/ 18AA/IDRA/72 dated the 3rd November, 1972 made under subsection (1) of section 18A A of the Industries Development and Regulation) Act 1951.

(e) "Ganesh Flour Mills" means--

(i) the Delhi Vanaspati Factory, Delhi.

(ii) the Hindustan Breakfast Food Manufacturing Factory, New Delhi, including Ganesh Electrical Factory, New Delhi which is interlinked with it by reason of its location, common services and infrastructure,

(iii) the Kanpur Vanaspati Factory. Kanpur and (iv) the Solvent Extraction Plant, Bombay.

(f) "notification" means a notification published in the Official Gazette.

(g) "Prescribed" means prescribed by, rules made under this Act.

(h) "specified date", in relation to any provision of this Act means such date as the Central Government may by notification, specify, for the purpose of that provision and different dates may be specified for different provisions of this Act.

(i) "the Government company" means the Government company in which the Ganesh Flour Mills are directed to vest under sub-section (1) of section 5,

(j) words and expressions used herein and not defined but defined in the Companies Act 1956 have the meanings respectively assigned to them in that Act.

Chapter II

Section 3. Transfer to, and vesting in, the Central Government of Ganesh Flour Mills

On the appointed day the Ganesh Flour Mills and the right, title and interest of the Company in relation of the Ganesh Flour Mills, shall by virtue of this Act, stand transferred to, and shall vest in, the Central Government.

Section 4. General effect of vesting

(1) The Ganesh Flour Mills 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, instruments machinery and equipment, cash balances, cash on hand, reserve funds, investments and book debts pertaining to the Ganesh Flour Mills 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 in relation to the Ganesh Flour Mills, whether within or outside India, and all books of account registers and 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 encumbrances affecting them, and any attachment, injunction or decree or order of any court or other authority restricting the use of such properties in any manner or appointing any receiver in respect of the whole or any part of such properties 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 amounts specified in section 7 but no such mortgage, 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 the Ganesh Flour Mills which has vested in the Central Government under S. 3 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 tenor in relation to and for the purposes of the Ganesh Flour Mills and, on and from the date of vesting of the Ganesh Flour Mills under section 5 in a Government company that Government company shall be deemed to be substituted in such licence or other instrument as if such licence or other instrument had been granted to that Government company and that Government company shall hold it for the remainder of the period for which the Company to which it was granted would have held it under the terms thereof.

(6) If on the appointed day any suit, appeal or other preoceeding of whatever nature instituted or preferred by or against the Company, in relation to the Ganesh Flour Mills is pending, the same shall not abate be discontinued or be in any way, prejudicially affected by reason of the transfer of the Ganesh Flour Mills 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 Ganesh Flour Mills vest in a Government company under Section 5, by or against the Government company.

Section 5. Power of Central Government to direct vesting of Ganesh Flour Mills in a Government company

(1) Notwithstanding anything contained in sections 3 and 4, the Central 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 Ganesh Flour Mills and the right, title and interest of the Company in relation to the Ganesh Flour Mills which have vested in the Central Government under section 3, shall instead of continuing to vest in the Central 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 in relation to the Ganesh Flour Mills 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 of the Ganesh Flour Mills and all the rights and liabilities of the Central Government-in relation to the Ganesh Flour Mills shall, on and from the date of such vesting, be deemed to have been the rights and liabilities, respectively of the Government company.

Section 6. The Company to be liable for certain priority liabilities

(1) Every liability, other than the liability specified under sub-section (2), of the Company in relation to the Ganesh Flour Mills 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 Ganesh Flour Mills vest in a Government company against the Government company.

(2) Any liability in respect of the amount advanced, after the date of taking over to the Company in relation to the Ganesh Flour Mills, together with interest due thereon and the wages, salaries and other dues of persons employed in the Ganesh Flour Mills in respect of any period after the date of taking over shall on and from the appointed day be the liability of the Central Government and shall be discharged by the Central Government or for and on behalf of that Government, by the Government company as and when repayment of such amount becomes due or as and when such wages, salaries and other dues become due and payable.

(3) For the removal of doubts, it is hereby declared that,--

(a) save as otherwise expressly provided in this section or in any other section of this Act, no liability other than the liability specified in sub-section (2), of the Company in relation to the Ganesh Flour Mills, in respect of a period prior to the appointed day shall be enforceable against the Central Government or the Government company as the case may be.

(b) no award, decree or order of any court, tribunal or other authority in relation to the Ganesh Flour Mills, passed after the appointed day, in respect of any matter claim or dispute in relation to any matter, not being a matter referred to in sub-section (2), which arose before that day shall be enforceable against the Central Government or the Government company as the case may be.

(c) no liability incurred by the Company before the appointed day, for the contravention, in relation to the Ganesh Flour Mills of any provision of law for the time being in force shall be enforceable against the Central Government or the Government company as the case may be.

Chapter III

Section 7. Payment of Amount

(1) For the transfer to, and vesting in, the Central Government, under section 3, of the Ganesh Flour Mills and the right, title and interest of the Company in relation to the Ganesh Flour Mills, there shall be given by the Central Government to the Company in cash and in the manner specified in Chapter VI, an amount equal to a sum of one crore, fifty-seven lakhs and sixty-eight thousand rupees.

(2) In addition to the amount specified in sub-section (1), there shall also be given to the Company by the Central Government an amount calculated at the rate of ten thousand rupees per annum for the deprivation of the Company of the management of the Ganesh Flour Mills for the period commencing on the date of taking over and ending with the appointed day.

(3) The amount specified in sub-section (1) and the amount calculated in accordance withthe provisions of sub-section (2) shall carry simple interest at the rate of four per cent. perannum for the period commencing on the appointed day and ending on the date on whichpayment of such amount is made by the Central Government to the Commissioner.

Chapter IV

Section 8. Management etc., of Ganesh Flour Mills

(1) On the appointed day, the general superintendence, direction, control and management of the affairs and business of the Ganesh Flour Mills shall,--

(a) where a direction has been made by the Central Government under sub-section (1) of section 5, vest in the Government company specified in such direction; or

(b) where no such direction has been made by the Central Government, vest in one or more Custodians appointed by the Central Government under sub-section (2), and thereupon the Government company so specified or the Custodian or Custodians so appointed, as the case may be, shall be entitled to exercise, to exclusion of all other persons, all such powers and do all such things as the Company is authorised to exercise and do in relation to the Ganesh Flour Mills.

(2) The Central Government may appoint one or more individuals or a Government company as the Custodian or Custodians of the Ganesh Flour Mills in relation to which no direction has been made by it under sub-section (1) of S. 5.

(3) The Custodian or Custodians so appointed shall receive, from the funds of the Ganesh Flour Mills such remuneration as the Central Government may fix and shall hold office during the pleasure of the Central Government.

(4) The Custodian or Custodians of the Ganesh Flour Mills shall maintain an account of the Ganesh Flour Mills in such form and manner and under such conditions as may be prescribed and the provisions of the Companies Act, 1956, shall apply to the audit of the accounts so maintained as they apply to the audit of the account of a Company.

Section 9. Duty of persons in charge of management of Ganesh Flour Mills to deliver assets, etc.

On the vesting in the Central Government or a Government company of the Ganesh Flour Mills, all persons in charge of the management of the Ganesh Flour Mills immediately before the date of such vesting, shall be bound to deliver to the Central Government or the Government company or to such person or body of persons as the Central Government or the

Government company may specify in this behalf, all assets, books of account, registers or other documents in their custody relating to the Ganesh Flour Mills.

Section 10. Duty of persons to account for assets, etc.

(1) Every person who has, on the appointed day, in his possession or under his control any assets, books, documents or other papers relating to the Ganesh Flour Mills which has vested in the Central Government or a Government company under this Act, and which belongs to the Company or would have so belonged if the Ganesh Flour Mills had not vested in the Central Government or the Government company, shall be liable to account for the said assets, books, documents and other papers to the Central Government or the Government company, as the case may be, and shall deliver them up to the Central Government or the Government company or to such person or body of persons as the Central Government or the Government company may specify in this behalf.

(2) The Central Government may take or cause to be taken all necessary steps for securing possession of the Ganesh Flour Mills which has vested in it under section 3.