LexThe Super Clays and Minerals Mining Compnay (Private) Limited (Acquisition of Undertakings) Act, 1983 (Act 3 of 1984)
Kerala · state statute
Open in Lexace · Ask the AI about this act•
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THE SUPER CLAYS ·AND MINERALS MINING COMPANY
(PRIVATE) LIMITED (ACQUISITION_OF \!NDER~AKINGS) ~
ACT, 1983 (ACT 3 of 1984) 1J , .
Preamblt
~'ectwru
I.
2
4
Short title ,tnd
Defimtwns
CONI E:'\i rs
COlllll!CllCC!liCI1t
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Ttansfer and w~tmg 111 the Go' ctnmt-nt o! the undcrtakmgs of the
c:cn1Pany. .. . , •
Genet ..tl effect of vcstmg
5 Covet nnwnl not to b<" hable !01 cct !dill pt!Ot ltabtltttc~
• 6 _ Pov.<"t of r.mTI nmcnt to duect vcsl!n~ .of the undct t.tkmgs of the
Compan) m a Gmc11tment Comp.111)'
•. 7 Payment of :nnr11mf ..
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.I (J.
II.
Management etc of the 1tndct takmg'i of the Company.
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-Dut\ of pet<nm 111 chatgc of management of the undctt..tk}ng~·ol
Com1~(1~ty to dch\t:r ,Ill .l'i'>Ch, etc. ,
·Duty of pct,on" to ,acrount fot a<;~el~, 1"t1., 111 thcu po~scs~10n .
_•\ccount~
the
12 Contmuance of employees
13 .. Provident f11nd and otht>1 f11nd' •
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I 'i.
I 6.
I 7.
I JU.
19.
20.
21.
22.
23.
Appomtmcnt ol Commt'i'itoner ol Pdymcnh
Pavmcnt bv Covet nmcnt tot he Cotmms'iionet. . .
Cct.tam powet,,of the GovettHnent 01 the Gove1·nmeht Company.
Cl<I1ms to be made Lo the Commt'>'iwnet
E"\atnmatton and admt~~ton 01 'ejeCtion ol d,um~
.
Power of C:ommi'>StonCJ to t cguLtt1: lu~ pt ocedutc, etc.
Appcd I by cl.wnanh
Disbw sement of ntoncy by Lite Commt~~Jon<:t to· cl,un1<lnts.
D1~po~al of the balance amount. ,
Rtght of Gove1 nt1lcnt to 1etam m.tchinet y, cqutpmcnt, clc, not bclong
mg Lo the Company. •
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24. Undisbutsed or unclaimed amount to be 'deposited to the general
revenue account. ... ' . 25. Act to have overriding effect.
26. Penalties.
27. Off('nces by compan1es.
28. Protectwn of action taken in good faith . •
29. Delegation of powers. •
30. Power to make rules.
31. Power to r('move d1fficulties.
32. Repeal and s~vmg.
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THE SUPE:R. CLAYS AND MINERALS 1 MINING fCOMPANY
(PRIVATE) LIMITED (ACQUISiTION OF UNDERTAKINGS)
ACT, 1983*
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(Act 3 of 19M)
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An Act to ·promde for the acquisztion and tran.ifer of the undertakings of the Super
Clqys and Mtnerais Mrniizg Company ( Pnvate) Limrted wath a v&ew to securang
the proper • ma11agcrizeni of such undertakings so as to subserve the rnterests of
the general publ1c ~)' ensurmg the contmued production and d1stnbut10n of chma
clay whtch rs essentral to the needs of the economy of the State and for matters
conmxted therewtth or mcuiental thereto.
' Preamble.-WHEREAS the Super Clays, and Mmerals Mining Com
pany (Private) Limitt"d has at present the ownership of,' and control over, a
sigmficant portion of the· china clay produced in the State and marketed
and distributed in India,
·AND ;wHEREAS the production of china clay by the Company had
stopped from the year 1975 resultmg in fall in production of the china cl;1y
which is essential to the needs of the economy of the State ; · .
AND WHEREAS the Company was not m a position to pay wages to
its work< rs in consequence of which it declared a lay-off With effect from the
13th January, 1975, resultmg in the unemployment of about six hundred
workers directly employed in the undertakmgs of the Company ;
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AND WHEREAS the Government of Kerala with the consent of the
share holdus of the Company, .took over the management of the Coll}pany
and declared the Company as'a rehcf undertaking under the provisions of. the
Kerala Relief Undertakings (Special Provisions) Act, 1961 (6 of 1962), with
effect from the 2nd March, 1976, and entrusted the management of the
Company to the Kerala State Industrial Enterprises Limited wh;ich lS a
Government Company;
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AND WHEREAS 1t 1s expedient in the pubhc interest to acquire
the undertakmgs of the said Company to ensure that the interests of
'the' general pubhc are served by the' continuance, by the undertakings of the
Company, of the production and distribution of china clay which is essential
to the needs of the economy of the State; -
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"' Received the assent of the pre~ident on the 5th day of January, \
1984, Md published in the Kerala Gazette E~traordi.1ary No. 28 .(~
dated 7th January, 19,84.
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BE it enacted in the Thirty-fourth Year oi the Republic of lnd1a as
follows:-
CHAPTER I
PRELIMINARY
I . Short tztle and commencement -( l)
Clays and Mmerals M-irung Company
U ndertakmgs) Act, 1983.
Th1s Act may be called the Super
(Pnvate) Limited (Acquisition of
(2) It shaH be deemed to have come mto force on the 5th day of
November, 1983.
2. Dejmzt1ons.-ln tlus Act, unless the context otherwise requires,-
(a) "appomted day" means the date of commencement of this Act;
(b) "Commissioner" means the Comm1sstoner. of Payments appo
inted urider sccuon 14,
(c) "Company" means the Super Clays and Mme1als Mining
Company (Pr'!Vatc) Limited, being a company wtthin the meanmg of the
Companies Act, 1956 (Central Act 1 of 1956) and havmg 1ts regtstered office
at Cannanore;
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(d) "Custodian ' means the person or body of persons appomted as
Custod1an under sub-sect10n (2) of section 8;
(e) . "Govc;·nment Company" means the Government Company in
which the undcrtakmgs "of the Company are .(hrected to vest 4nder section 6;
(f) "Hmdustan Chma Clay Works" meam. the concern known
under the name and style "Hmdustan Chma Clay Works, Pappimssery"
and mcludes the propnetors or owners thereof,
(g} "prescnbed" means prescnbed uy the Government by rules
made under this Act,
(h} "specified date" means such date as the Government may for
the purpose of any provis10m of this Act, by nottfication m the Galette,
spectfy, and different dates may be specified for different ptovJstons of tlus Act;
(1) Words and expres~10ns used hetcm and not defincJ but defined
in the Compames Act, 1956 (Central Act 1 of 1956), ~hall have the mcarunss
r espectivdy asstgned to them m that Act. '
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CHAPttR II
A~QUISITION AND TRANSFER OF THE UNDERTAKINGS
OF THE COMPANY if
3. Transfer and vestmg m the Government of the undertakmgs of the Company.-
On the appointed day, the undertakmgs of the Company, the right, title and
... interest of the Company m relation to Its undertakmg'~ and, save as othervv'ISe
expressly provided m this Act, the liabilities of the Company in relation to
its undertakings, shall, by virtue of this Act, ~tand transferred to, and shall
vest in, the Government. ·
4. General effect of vestmg.-( I) The undertaking~ of the company shall
be deemed to mclude-
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(a) all assets, right~, lease-holds, powers, authontles and pnvi\eges,
and all property, movable and Immovable, mcluding lands, buildings, work-
, shops, stores, instruments, machmery and eq lllpments, cash balances, cash
on hand,' cheques, demand drafts, reserve funds, investments, book debts
and all other nghts and.interests m, or arismg out of such property as were
immediately before the appointed·day m the ownership, possessiOn, power or
·control of the Company;
(b) all properties, rights and mterests of the Hmdustan China Clay
Works purported to have been transfcJ red to the company by the Memoran
dum of Agreement made on the 2nd day of January, 1973, between the
, Hindustan China Clay Works and the Company; and
(c) all books of account, reg1steis and all other documents of what
ever nature relating to the undertakmgs mentwned m clauses (a) and (b).
(2) Every mortgagee of any property which has vested under th1s
Act in the Government and every person holdmg any charge, lien or other
interest in, or m relation to, any such property shall g1ve, w1 thin such time
and in such manner as may be prescnbed, an int1mat10n to the Commissioner
of such mortgage, charge, hen or other mterest. •
(3) For the removal of doubts, It Is hereby declared that the mortgagee
of any property referred tom sub-section (2) or any <?ther person holdmg
any charge, lien or other interest m, or m relatiOn to, any such property shall
be entitled to claim, m accordance w1th hi~ rights and mterests, payment of
the mortgage money or other dues, in whole or m part, from the Gdvernment
or, where the undertakmgs or the company are directed under section 6 to
vest in a Government Company, from that Government Company.
(4) Any hcence or other. mstrument granted to the Company m
relauon to any undertakmg wh1ch has vested m the Government under section
3 at any time before the appointed· d~y and in fore(! immed1ately before that . ' '
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day shall continue to be inforce on and after such day in accordance with its
tenor in relation to and for the purposes of such undertakmg, and, on and
from the date of vestmg of such undertaking under section 6 m a Government
Com'pany, such Government Company shalJibe deemed to be substituted in
such . licence or other instrument as If such hcence or other instrument had
been granted to ~uch GovCinment Company and that Government Company
shall hold it for the remamder of the penod for which the Company would
have held It under the terms thereof
(5) If, on the appomtcd day, any suit, appeal or other proceeding of
whatever nature m relatiOn to anv p1 operty which ha~ vested m the Govern
ment under sectiOn ) mstltuted or preferred by or against the Company, IS
pcndmg, the same shall not abate, be discontmued or be, m any way, pre
judicially affected by reason of transfer of the undertak:ngs of the Company
or of anythm~ contamed m thts Act, but the su!t, appeal or othc1 procecdtn{{
may be eontmu~d, prosecuted, or enforced by 01 agamst the Government,
or where the undertakmgs of the company arc dtrceted, under sectton 6 to
vest m a Government. Company, by or agamst the Government Company .
. 5 Go;,emmmt not to be hable for wta!ll p11or habzhtzes -No habtlity In
curred by the Company befme the appointed d<1y, for the contravention
of any provisiOn of law fm the time bcmg. m force, shall be enfot ccable agamst
the Government, or, where the undcrtakmgs of the Company are directed
uhder sectton 6, to vest m a Government Company. against th'at Government
Company .
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6. Power of Govemmcnt to dzrect vestmg of the undirtakznt;s of the Company
!Tl a Government Company -(1) Not\\Jthstandmg anythmg contamed m
sectiOn 3 and 4, the Government may, subject to such terms and conditions
as they may thmk fit to Impose, du ect, by nottficatJon m the Gazette, that
all the undertakmgs of the Company and the nght, tttle, mteiest and habt
htics of the Company 111 relation to Its undertakmg wh1ch have vested 111
the Government under sectiOn 3, except any unde1 takmg or undertaking!>
speCified 111 the notification and the nght, t1 tic. 111terest and habiiHies m relation
to the undertakmg or undertakm~s so ~pcClficd, shall, mst('ad of continumg
to vest m the Government, •est I•I a Govcrnmc11t Company ctthct on the
date of the notdl.cation or on such car her or later date (not bcmg a date
earher than the appomtcd day) as may be specified m the notificatiOn.
(2) Where the Itght, title, mtere~l a.nd habllttics of the Company m
relatiOn to all 01 any of It~ undei takmgs vest m a Govc111mcnt Company
under sub-sectiOn ( l ), the Government Company shall, on and from the date
of such vestmg, be deemed to have become the owner m relation to the undcr
takmg so vested, and all the 11ghts and !Iabihties of the Government m relatwr.
to ~uch undertakmg, shall, on and from the date of such ve~tmg, be r:lre111c:"d
to have become the nghts and liabilities of the Govc1nmcnt Companv
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CHAPTER Ill
PAYMENT OF AMOUNTS
7. Paymmt of amount.-(!) For the transfer to, 'and vestm~ m, the
Government, under secuon 3, of the undertakings of the Company and the
nght, title and inte1est of the Company in rclatwn to Its undc1 tak111gs. there
shall be gtven by the Government in the manner specified in Chapter V):,
an amount of ten lakhs, forty-three thousand, two hundred and forty-five
rupees and nmety-se..-en pa1se.
(2) The amount specified 111 '>ub-scctwn ( l) shall carry simple mtcrest
at the rate of e1ght per cent per annum for the period commencmg on the
appomted day and endm.; on the date on whtch payment of such amount
is made by the Government to the Commis'>Ioner. ·
(3) For the removal of doubts, 1t Is hereby declared that the liabi
lities of the Company specified 111 the Schedule in telatwn to its undertak111gs,
wh1ch have vested m the Gove1 nment under ~cct10n 3, shall be discharged
from the amount 1 eferred to 111 sub-section ( l) 111 ·accordance With the nghts
and 111terests of the ct edttOis of the Company.
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(4) · The ltabthttes of the Company in relatton to tts undertakings "'!'.
wh1ch have vc<;ted 111 the Government under '>ectwn 3 and not specd1cd in the _J'
Schedule shall be dtschat ged by the Government as and when they fall due
for payment
Pro\'tded that the ltabthty assumed by the Government under the head
"Vendors Account shall not exceed the amount shown rn the audited balance
sheet ol the Company as on 31-12-1973
CHAPTI!'.R IV • .
MANAGEMENT, ETc., OF THE UNDERTAKI~GS.OF
THE COMPANY,
8 1\1anagcmmt, etc , of the undertakmgs oj the Company-( I) The general
supe11ntendence, dtrect10n, control and management of the affatr~ and busi
ness of the undertakmgs of the Company, the nght, tttle, 111terc~t and habthttes
in relatiOn to wl11ch have vested in the Government under sectiOn 3, shall,-
(a) where .1. du ccuon has been made by the Government undet
sub-sectiOn (I) of secuon 6, vest in the Govc1 nment Com pan] specified in such
dtrectwn, or
(b) where n J '>uch dtrcctwn ha'> been made by the Government,
C t d d b I G d b U I'" v~st 111 a us o Ian appomte ) t 1e overnment un c1 su -sec on ,-,:
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.tnd thereupon the Government Comp:my or the Custodran, as the case may
be, shall be entitled to exercrse, to the 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 its undertakmgs.
(2) The Government may appoint any mdrvidual or body of persons
as Custodian. of the undertakings of the Company m relation· to which no
direction has been made by them under sub-section (I) of section 6 • .
(3) The Custodr01n shall recerve, from the funds of the undertakings of
the Company, such remuneration as the Government may fix and shall hold
office during the pleasure of the Government
( 4) N ot\\lth~tandmg anything con tamed m sub-sections (I). and (2),
where any undertakmg has been specrfied in a nctrficatron under sub-section
(I) of section 6, the Custodian shall not be entrtled to exercrse any power or
to do any other thin~ 111 relation t•"' such undertakings.
9. Dutv of persons m charge of managemtmt oj the u11dertakcngs of the Company
to deltver assets, elc.-(1) On the vestrng of the management of the under
tal..mgs of the Company in a Government Company or on the appomtment of
a Custodian, all persons m charge of the management of the undertakings
of the Company immediately before such vestmg or appomtment, shall be
bound to deliver to the Government Company or the Custodian, as the case
may be, all assets, books of account, regrsters or other documents m their
custody relatmg to the undertakmg~ of the Company, or, as the,case may be,
any part thereof· '
Provided that m the case of any undertakmg specified m the notification
under sub-section I of sectron 6, such assets, books of account, registers and
other documents shall be delivered to an officer specd1ed by the
Government m this behalf.
(2) The Government may issue such directiOns as they may deem
desrrable m the circumstances of the case to the Government Company or the
Custodian, and the Government Company or the Custodian may also, rf it as
considered necessary so to do, apply to the Government at any time for instruc
tions as to the manner m whrch the management of the undertakings of the
Company shall be conducted or in relatron to any other matter arising in the
course of such management. . •
10 Duty of persons to account for assets, etc., in their posSission.'-(l) 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 undertaking
owned by the Company, whrch have vested in the Government OJ in a Govern
ment Company under this Act, and which belong to the Company, or would
have so belonged 1f the undertakmg owned by the Company had not vested
in the Government or such Government Company, shall be liable to account
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for the said assets, books, documents and other papers to the Government
or the Government Company and shall dehver them upto the Government
or the Government Company, as the case may be, or to such person or per- \./ 2 sons as the Government or the Government Company may specify m this
behalf.
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(2) The Government or the Government Company may take or cause
to be taken all necessary steps for securing possessiOn of the undertakings of
the Company which have vested in the Government or the Government Com
pany under !his Act.
(3) The Company shall, within such period as the Government may
allow in this behalf, furm~h to the Government a complete myentory of all
·its properties, assets and habiltties, as on the appointed day, pertaining to the
undertakmgs which have vested m the Government under section 3, and, for
thts pm pose, the Government or the Government Company shall afford to
the Company all rca~onablc factht!es
II Accounts -The Cu~todian shall mamtain an account of the under-
takmgs of the Company m ~uch form and manner and under such conditions
as may be prescnbed
CHAPTER v
PROVISIONS RELATING TO THE EMPLOYEES OF
THE COMPANY
12. Contznuance of employees.-( 1) Every person who has been, imme
diately before the appomted day, employed m any undertaking of the Com
pany shall bccomc,-
(a) on and fr~m the appomted day, an employee of the Government,
and
(b) whei·e the undertakmgs of the Company are directed under
sub-sectiOn (I) of ~ect10n 6 to vest m a Gov~rnment Company, an employee
of the Government Company on and from the date of such vestmg, and shall
hold office or service under the Government or' the Government Company,
as the case may be, wtth the same rights and privileges as to pension, gra
tuity and other matters as would have been admissible to htm if there had
been no such vestmg and shall continue to do so unless and until his employ
ment under the~Government or the Government Company, from as the case
may be, is duly terminated or until his remuneration and other conditiOns of
servtce arc duly altered by the Government or the Government Company,
as the case may be.
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(2) Notwithstanding artytlung contained in the Industrial Disputes
Act, 1947 (Central Act 14 of 1947), or m any other law for the ume bemg
in force, the transfer of the services of any officer or other person employed in
any undertaking of the Company to the Government or the Government
Company shall not entitle such officer or other employee to any compensatiOn
-... under this Act or unaer any other law for the ume bemg m force and no such
claim shall be entertained by any court, tnbunal or other authonty.
13. Provident fund and other funds -( 1) Where the Company ha"s esta
blished a provident fund, superannuation fund, welfaie fund or other fund
for the benefit of the persons employed m any of its undertakmgs, the monies
relatable to the officers or other employees whose services have become trans
ferred by or_ under tills Act to the Government or the Government Company
shall, out of the momes standmg on the appomted day, to the credit of such
provtdent fund, superannuatiOn fund, welfare fund or other fund, stand
transferred to, and shall vest in, the Government or the Government Company,
as the case may be.
(2) The morues wh1ch stand transferred under sub-sectiOn ( 1) to the
Government~r the Government Company, as the case may be, shall be d_alt
with bY, the Government or- the Government Company tn such manner as
may be prescribed.
CHAPTER VI
COMMISSIONER OF PAYMENTS .
14. Appointment of Commzsszoner of Payments -( 1) The Government shall,
for the purpose of d1sbursmg the amount payable under secuon 7, by not1M
fication m the Gazette, appomt a Comm1~S10ner of Payments.
(2) The Government may appoint such other persons as they may
think fit to assist the Commissioner m the· exercise of the powers conferred
on the Commissioner under thts Act. '
(3) The salaries and allowances of the Commissionet· and other
persons appointed under thts secuon shall be defrayed out of the Consoli
dated Fund of the State of Kerala.
15. Payment by Government to tlze Commimoner.-(1)
shall, within sixty days from the appomted day, pay in
missioner, for payment to the Company-
The Government
cash to the Com-
(a) an amount equal to the amount specified in sub-section (1)
of section 7; and
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{b) an an'lount equal to the amount of Interest determined in
accordance with the provisions of sub-section (2) of that section.
(2) A deposit account shall be opened by the Government in favour .
of the Commissioner in 'the Public Account of the State and any amount
paid under this Act to the Commissioner shall be depostted by htm to the
credit of the said deposit account and the said deposit account shall be
operated by the Commissioner.
(3) Records shall be maintamed by the. Commissioner in respect
of the undertakings of the Company in relatton to which payment has been
made to him under this Act. • '
(4) The mterest accruing ontthe amount standing to the credit of
the deposit account referred to m sub-section (2) shall be credited to the
Government after settlement of the clatms.
: 16. · Certazn powers of the Government o; the Government Company.-The Govern
ment or the Government Company: as the case may be, shall be entitled to
• receive, upto the spectfied date, to the excluswn of all other persons, any
money due to the Company m relation to its undertakings which have vested
in the Government or the Government C~mpany, and realised after the ·..t.,"
appointed day, notwithstandmg that the realisation pertains to a period prior )
to the appomted day. . · .
17. Clazms to be made to the Com~issioner.-Every person having a claim
·.against the Company with regard to any of the matters spec1fied in the Sche
dule pertaining to any undertaking owned by it shall prefer such claim before
·the Comrmsswner wtthin thirty days from the spec1fied date: . . .
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Provided that if the Commtssioner is satisfied that the claimant was
prevented by suffietent cause from prefermg the claim Within the said period
of thirty days, he may eni:ertam the claim within a further period of thirty
days, but not thereafter. .
18. Examznatzon and admrssion or reJection of clazms.-(1) On receipt of
the claims made Wlder sectio!l 1 7, the C<1rnm1ssio~er shall examine the claims • .
(2) Mtcr exami~ing the claims with refe~ence to the items specified
in the bchedule, the Commtsstoner shall .fix a certain date on or before which
~very. claimant shall file the proof of pis clru,rp. · ·
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(3) Not less than fourteen days' notice of the date so fixed shall be
given by advertisement in one Issue of a druly newspaper in the English
language havmg circulauon in the maJOr part of the State of Kerala and in
one ISsue oi any daily newspaper in the Malayalam language, as the C!)m- .
nussioner ruay constder suitable, and every such notice shall call upon the "
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claimant to file the proof of his claim with the Co"l1'nissioner within the
time specified in the advertisement. •
( 4) Every claimant who fails to file the proof of his claim within the
time specified by the Commissioner shall be excluded from the disburse
ments made by the Commissioner.
(5) The Commissioner shall, after such investigal ion as may in his
opinion, be necessary and after givmg the Company an opportunity of refut
ing the claim and after ~iving the claimant a teasonable opportumty of being
heard, by order in writing, admit or reject the claim in whole or in part:
Provided that the Commissioner shall apportion the amount placed at
his disposal in case the total admitted claims are found to be in exces~ of the
amount placed at his disposal.
19. Power ofCommzssioner to regulate his procedure, etc.-(1) The Com
missioner shall have the power to regulate his own procedure in all matters
arising out of the exercise of his powers and the discharge of his functions
under this Act, including the place or places at which he may hold his sittings
and shall, for the purpose of making any investig'ation under this Act, have
the sarne powers as are .vested in a civil court under the Code of Civil Pro
cedure, 1908 (Central Act 5 of 1908), while trying a suit, in respect of the
following matters, namely:-
(a) the summoning and enforcing the attendanc~ 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 receipt of evidence on affidavits;
(d) the issuing of any commission for the examination of witnesses.
(2) Any investigation before the Commissioner shall be deemed to
be a judicial proceeding withm the meanmg of sections 193 and 228 of the
Indian Penal Code (Central Act 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 Cnminal Procedure, 1973 (Central Act 2 of 1974).
20. Appeal by Clazmants.-A claimant wh~. is dissatisfied with the deci
sion of the Commissioner under section 18 may prefer an appeal against the
decision to the principal civil court of origmal jurisdiction within the local
limits of whose Jurisdiction the registered office of the Company is situated.
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21. Disbursement if money by the Commissioner to claimants.-After ~dmitting
a claim under th1s Act, the amount due in respect of such cla1m shall be
paid by the Commissioner to the person or persons to whom such amount is
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due, and oft such payment, the liablity of the Government or the"Govern~ent
Company in 1 espect ·of sue h cia 1m shal1 stand discharged . '
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22. Disposal of the balance amount -'If, out of the inonies paid to him in
- relation to the undertakings of the Company, there •is _a balance left after
m~eting the habihues as specifide in tht> Schedu]e, the Comrrussioner shall
remit such balance, to the Government. ,
23. Rtght of' Government to retam maciunery, equtpment, etc , not belonging to
~- the Company -Whcre''the possession of any machmery, equipment or other
property, has vested m the Government or a Gover,r,ment Company under this
Act, but such machinery, equipmc-nt o/ other property dot's not b<>long to the
Company, it shall be lawful for the Government or the Government Company
to continue to possess such 'machmery or eqmpment or other propel ty on the
same terms and condltwns under wluch they were pos~cssed ·by the Company
immediately brfore the appomted day. •
24. Und~sbw sed • or~ unclaimed amount r to ··bt deposited to the general· revenue
,accounf.-Any money paid to the Comm1~sioner wh1ch remams und1sbursed or
uncla1med on the date Immediately precedmg the date on which the office of
the Commissioncl 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
Government, but a claim to any money· so •transferred may be prefurred to
the Government by the person entitled to such payment and shall· be dealt
.with as if such t1 ans(cr had not been made, and the order, if any, for payment
of the cla1m bemg treated as an orde1· for the refund of revenue. •
CHAPTER VII
MISCELLANEOUS.
25. Act to have overridtng ejfect.-The provisions of this Act shall have
effct notwithstanding anythmg inconsistent therewith co11tained m any other
law' for the time' b'eing 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. _
' 26. Penalt!es.-' Ahy person who,- .
~ .
(a) having in his posses~ion, custody br control any property forming
part of the undertakings of the Company, wrongfully withholds such p10perty
from the Government or the Government Company; or ' . '
(b) wrongfully obtains pos~ession of, or reta1ns, any property forming
part of the undertakmgs of the Company; or ..
(c) wilfully withholds or fails to furnish to the Government or the
Government Company or any person or body of persons specified ·by ~c
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Government or the Government Company, any ·document relating to such
undertakings, which may be in his possession, custody or control; or
. (d) fails to deliver to the Government or the Government Company
or any person or body of persons specified by the Government or the Govem
ment Company, any assets, books of account, registers or other documents
in his pos~ession custody or control, relating to the undertakings of the
Company; or
(e) wrongfully removes or destroys any property forming part of
the underta!Ungs of the Company er prefers any cla1m under thi~ Act which
h<." knows or has reasonable cause to believe to be false or ~rossly inaccurate,
shall bt" punishable' with imprisonment for a term which may extend to
two years, or wi,h fine which may extend' to ten thousand rupees, or w1th both.
27. Offences by coU!pames.-(1) Where an offence under this Act
has been committed by a company, every person who at the time the offence
was committed was incharge of, and was respons1ble 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 shaH be liable to be p1 oceeded against
and punished accordmgly: •
• ProvideCi that nothing contained in this sub-section shall render any such
person liable to any punishment, if he proves that the offence was committed
w1thout 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 offenc.e under this Act has been committed by a company and it is proved
that the offence has been c01runitted with the consent or connivance of, or 1s
attributable to any neglect on the part of, any director, manager, secretary or
other officer of the company, such d1rector, manager, secretary or other officer
shall be deemed to be guilty of that offence and shdl be liable to be proceeded
against and punished accordingly.
A Explanation.-For the purposes of this section,-
'
, (a) "company" mt"ans any body corporate and includes a firm
or other association of individuals;
I
(b) "director", m relation to a firm, means a partner in the firm. , .
28. Protcctwn of actton taken in good faith-( I) No suit, prosecution, or
other legal proceedmg shall he against the Govewment or any officer or
other employe<: of the Government or the Custodian or the Government
Company cr any officer or other person authorised by the Government, the
Custodian or .the Government Company for anything which is in· good faith
done or intended to be done under this Act.
. 22 . '
(2) . No suit or other legal proceeding shall lie against the Government
or any officer or other employee of the Government or the Custodian or the
Government Company or any officer or other person authorised by the
Government, the Custodian or the Government Company 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. . .. .
29. . Delegation of powers.-( l) The Government may, by notification
in the Gazette , direct that all or any of the powers exercisable by them under
this Act•other th~n the power conferred by section 30 or section 31 may also
be exercised by such person or persons as may be specified in the notification.
. ·l i - \
, • (?) Whenever any delegation of power is ll?ade under sub~section (1),
, the person to whom such power has hem delegated shall act under the direc-
tion, control and supervision of the Govern"ment. · • . '
30. Power to make rules.-(1) The Government may, by notificah~n
in the Gazette, make rules for carrying out the provisions of this Act . .
(2) In particular, and without prejudice to the generality of the
foregomg power, such rules may proVIde•for all or any of the followmg matters; ,
namely.- · .
(a) the time within which, and the manner in which, an intimation
shall be given to the Commissioner under sub-sectiOn (2) of section 4,
• (b)' the form and ~anner in ,which; and the condi5ions under
which, the Custodian, shall_maintain the accounts as ;equired by section 11;
. (c) the manner in which the monies in any provident fund or other
fund referred to in section 13 shall be dealt with; ' .
~ .
(d) any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this Act, shall be, la1d, as soon as may be
after it is made, before the Legislative Assembly while it is' in session for a total
.perit>d of fourteen days which may be comprised in one session or ,in two
. successive sessions, and if, before the expiry of the sessiOn in which It is so laid,
or the session immediately following, the Legislative Assembly makes any
modification in the rule or decides 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; so, however, that any such modification or ·annul
ment shall be Without• prejudice to the validity of anything previ6usly done
under that rule.
31. ': Powe1 to remove difficulties-· If any_ difficulty ~rises in giving effect
to the provisions of this Act, the Government may, by order, not mconsistent
with the provisions of this Act, remove t.he difficulty:
Provided that no such order shall be made after the expify of a period of
two years from the appointed day ..
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32. l?epeal and saving.-( 1) The Super Clays and Minerals Mining
Comp~ny (Private) Limited (Acquisition of Undertakmgs) Ordinance, 1983
( 38 of 1983), is hereby repealed. ·
. -
(2) Notwithstanding such repeal, anything done or any action taken
under the said Ordinance shall be deemed to have been done or taken unaer
this Act. •
THE SCHEDULE
(See sections 7, 17, 18 and 22)
1. Paid up Capital of the Company
2. Sundry creditors as on 2-3-1976
(as per a.udited Balance Sheet .
as on 31-12-1975)
' 3. Other liabilities as on 2-3-1976
•(as per audited Balance Sheet
as on 31-12-1975)
4. Unsecured loans as on 2-3-1976
(as per audited Balance Sheet
as on 31-!2-1975).
,