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Thread: Ministry of Textiles - The Jute Companies (Nationalisation) Act, 1980

  1. #21
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    Thumbs up The Jute Companies (Nationalisation) Act, 1980 - Section - 20 - Admission or rejection of claims

    The Jute Companies (Nationalisation) Act, 1980


    Section - 20

    Admission or rejection of claims


    (1) After examining the claims against a jute company, with reference to the priorities specified in the Second Schedule, the Commissioner shall fix a date on or before which every claimant against the company shall file the proof of his claim.


    (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 in one issue of any daily newspaper 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 period specified by the Commissioner shall be excluded from the disbursement made by the Commissioner.


    (4) The commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the jute company concerned 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.


    (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 any 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), 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;
    (c) the reception of evidence on affidavits;
    (d) the issuing of any commission for the examination of witnesses.



    (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(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).


    (7) A claimant who is dissatisfied with the decision of the Commissioner may prefer an appeal against such decision to the High Court within the local limits of whose jurisdiction the registered office of the jute company concerned is situated:


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

  2. #22
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    Thumbs up The Jute Companies (Nationalisation) Act, 1980 - Section - 21 - Disbursement of money by Commissioner

    The Jute Companies (Nationalisation) Act, 1980


    Section - 21

    Disbursement of money by Commissioner


    After admitting a claim against a jute company 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 such jute company in respect of such claim shall stand discharged.

  3. #23
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    Thumbs up The Jute Companies (Nationalisation) Act, 1980 - Section - 22 - Disbursement of amounts to the companies

    The Jute Companies (Nationalisation) Act, 1980


    Section - 22

    Disbursement of amounts to the companies


    (1) if out of the monies paid to him in relation to a jute company, there is a balance left after meeting the liabilities as specified in the Second Schedule, the Commissioner shall disburse such balance to such jute company.

    (2) Where the possession of any machinery, equipment or other property possessed by a jute company has vested in the Central Government or the Jute Manufactures Corporation under this Act but such machinery, equipment or other property does not belong to such jute company, it shall be lawful for the Central Government or, as the case may be, the Jute Manufactures Corporation, to continue to posses such machinery or equipment or other property on the same terms and conditions under which they were possessed by such jute company immediately before the appointed day.

  4. #24
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    Thumbs up The Jute Companies (Nationalisation) Act, 1980 - Section - 23 - Undisbursed or unclaimed amount to be deposited with the general revenue account

    The Jute Companies (Nationalisation) Act, 1980


    Section - 23

    Undisbursed or unclaimed amount to be deposited with the general revenue account


    Any money paid to the Commissioner which remains undisbursed or unclaimed on the date immediately preceding the date on which the office of the Commissioner is finally wound up, shall be transferred by the Commissioner, before 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.

  5. #25
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    Thumbs up The Jute Companies (Nationalisation) Act, 1980 - CHAPTER - VII - MISCELLANEOUS - Section - 24

    The Jute Companies (Nationalisation) Act, 1980

    CHAPTER - VII

    MISCELLANEOUS

    Section - 24

    Act to have overriding effect

    The provisions of this Act shall have effect notwithstanding anything 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.
    Last edited by ca_news; 23-05-2011 at 04:49 PM.

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    Thumbs up The Jute Companies (Nationalisation) Act, 1980 - Section - 25 - Assumption of liability

    The Jute Companies (Nationalisation) Act, 1980


    Section - 25

    Assumption of liability


    (1) Where any liability of a jute company arising out of any item in any category specified in Part I of the Second 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 Central Government the extent of the liability which remains undischarged and that liability shall be assumed by the Central Government.

    (2) The Central Government may, by order, direct the Jute Manufactures Corporation to take over the liability assumed by the Central Government under sub-section (1) and on receipt of such direction, it shall be the duty of the Jute Manufactures Corporation to discharge such liability.


  7. #27
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    Thumbs up The Jute Companies (Nationalisation) Act, 1980 - Section - 26 - Management to continue to vest in certain persons until alternative arrangements

    The Jute Companies (Nationalisation) Act, 1980
    Section - 26

    Management to continue to vest in certain persons until alternative arrangements have been made


    Notwithstanding the vesting under this Act of the undertakings of any jute company in the Central Government or the Jute Manufactures Corporation:-

    (a) any person who has been managing the affairs of such undertakings before the date on which the undertakings had so vested shall, until alternative arrangements have been made by the Central Government or, as the case may be, the Jute Manufactures Corporation, for the management of such undertakings continue to manage the affairs of the undertakings, as if such person had been authorised by the Central Government or as the case may be, the Jute Manufactures Corporation, to manage such undertakings;

    (b) such person shall, until alternative arrangements have been made by the Central Government, or as the case may be, the Jute Manufactures Corporation continue to be authorised to operate in relation to the undertakings of such jute company, any account of such undertakings in any bank as if he had been authorised by the Central Government or the Jute Manufactures Corporation to operate such account.

  8. #28
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    Thumbs up The Jute Companies (Nationalisation) Act, 1980 - Section - 27 - Contracts to cease to have effect unless ratified by the Central Government

    The Jute Companies (Nationalisation) Act, 1980

    Section - 27

    Contracts to cease to have effect unless ratified by the Central Government or Jute Manufactures Corporation


    Every contract entered into by any jute company in relation to any of the undertaking owned by it, 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 a period of one hundred and eighty days from the appointed days, cease to have effect unless such contract is, before the expiry of that period, ratified, in writing, by the Central Government or the Jute Manufactures Corporation and in ratifying such contract, the Central Government or the Jute Manufactures Corporation may make such alteration or modification therein as it may think fit:

    Provided that the Central Government or the Jute Manufactures Corporation 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 Central Government or the Jute Manufactures Corporation; 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.

    Last edited by ca_news; 23-05-2011 at 05:08 PM.

  9. #29
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    Thumbs up The Jute Companies (Nationalisation) Act, 1980 - Section - 28 - Penalties

    The Jute Companies (Nationalisation) Act, 1980

    Section - 28

    Penalties

    Any person who--

    (a) having in his possession, custody or control any property forming part of the undertaking owned by any jute company, wrongfully withholds such property from the Central Government or the Jute Manufactures Corporation; or

    (b) wrongfully obtains possession of or retains, any property forming part of any undertaking owned by any jute company; or

    (c) wilfully withholds or fails to furnish to the Central Government or the Jute Manufactures Corporation or any person or body of persons specified by that Government or Corporation, as the case may be, any document or inventory relating to such undertaking, owned by any jute company, which may be in his possession, custody or control; or

    (d) fails to deliver to the Central Government or the Jute Manufactures Corporation, or any person or body of persons specified by that Government or Corporation, any assets, books of account, registers or other documents in his possession.custody or control, relating to the undertakings of either of the jute company; or

    (e) wrongfully removes or destroys any property forming part of any undertaking owned by any jute company or prefers any claim which he knows or has reason 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.


  10. #30
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    Thumbs up The Jute Companies (Nationalisation) Act, 1980 - Section - 29 - Offences by companies

    The Jute Companies (Nationalisation) Act, 1980

    Section - 29

    Offences by companies


    (1) Where an offence punishable 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 business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

    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. (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, manger, 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 proceeded 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.

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