LexThe uttar pradesh sugar undertakings (acquisition) act, 1971
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE UTTAR PRADESH SUGAR UNDERTAKING (ACQUISITION) ACT, 19711 (U. P. ACT No. 23 of 1971) Amended by U. P. Act No. 20 of 1985 U. P. Act No. 30 of 1989 U. P. Act No. 03 of 2009 [Authoritative English Text of the Uttar Pradesh Chini Upakran (Arjan) Adhiniyam, 1971] [Passed in Hindi by the U ttar Pradesh Legislative Assembly on August 16, 1971, and the Uttar Pradesh Legislative Council on August 18, 1971. Received the Assent of the President on August 22, 19 71 under Article 201 of the Constitution of India and was published in the Uttar P radesh Gazette, Extraordinary, dated August 22, 1971.] AN ACT to provide in the interests of the general public, for the acquisition and transfer of certain sugar undertakings, and for matters connected therewith or incidental thereto. S hort title IT IS HEREBY enacted in the Twenty -second Year of the Republic of India as follows :— 1. This Act may be called the U ttar Pradesh Sugar Undertakings (Acquisition) Act, 1971. Definition 2. In this Act, unless the context otherwise requires— 2[ (a) “ Appointed day” in relation to the undertakings spe cified in Schedule I means July 3, 1971 and in relation to the undertakings specified in Schedule-II means October 28, 1984 and in relation to the undertakings specified in Schedule III means April 24, 1989 ;] (b) “Collector” includes any officer authori zed by him to perform the functions of the Collector under this Act ; (c) “Corporation” means the Uttar Pradesh State Sugar Corporation Limited, a Government Company within the meaning of section 617 of the Companies Act, 1956 ; (d) “occupier” in relati on to a schedule undertaking, means the person who immediately before the appointed day had the ultimate control over the affairs of the undertaking ; 1. For Statement of Objects and Reasons, please see Uttar Pradesh Gazette (Extraordinary), dated August 16, 1971. 2. Subs. by sec. 2 (a) of U. P. Act no. 30 of 1989. 1 —————————————————————————————————————————— [The Uttar Pradesh Sugar Undertaking (Acquisition) Act, 1971] (e) “persons interested”, in relation to a schedule d undertaking acquired under this Act, means all persons claiming an interest in compensation to be made on account of the acquisition of that undertaking, and includes a lessee of such undertaking ; (f) “prescribed” means prescribed by rules made under this Act; (g) “prescribed authority” means the prescribed authority appointed under section 10 ; (h) “scheduled undertaking” means an undertaking engaged in the manufacture or production of sugar by means of vacuum pans and with the aid of mechanical power in a factory specified 1[in any of the Schedules to this Act] and comprises— (i) all plant, machinery and other equipment, (including milling plant, boiling house equipment, other sugar machinery, cane unloading equipment and power plant), weigh -bridges, cranes, chimneys, turbines and boilers (including the foundations, super - structure and roofing thereof) pertaining to that factory ; (ii) any engineering workshop, including machinery and equipment thereof ; (iii) any chemical laboratory including an y apparatus and equipment thereof ; (iv) any motor or other vehicle or locomotive, or railway sidings pertaining to that factory ; (v) any dispensary or hospital or community or welfare centre exclusively for the benefit of workmen and other persons employed in that factory ; (vi) all lands (other than lands held or occupied for purposes of cultivation and grove lands) and buildings held or occupied for purposes of that factory (including buildings pertaining to any of the properties and assets here inbefore specified, and guest houses and residences of directors managerial personnel, staff and workmen or of any other person as lessee or licensee, and any store-houses, molasses tanks, roads, bridges, drains, culverts, tube - wells, water storage or distribution system and other civil engineering works), including any leasehold interest therein ; (vii) all limestone quarries pertaining to that factory, including any mining lease relating thereto ; (viii) all electrical installations (including any plan t or equipment for the generation or transmission of energy), telephone equipment, furniture and fixtures pertaining to that factory or to any property or asset hereinbefore specified ; 1. Subs. by sec. 2 (b) of U. P. Act no. 30 of 1989. 2 —————————————————————————————————————————— [The Uttar Pradesh Sugar Undertaking (Acquisition) Act, 1971] (ix) all tools, spare parts and stores pertaining to that factory ; (x) all fire-arms for the use of watch and ward staff employed in that factory ; (xi) all maps, plans, sections, drawings and designs pertaining to that factory ; (xii) all sugarcane, sugar in the process of manufacture or production, an stocks of sugar and molasses and all bagasse and press mud ; (xiii) all books of accounts, registers and other documents pertaining to that factory or to any property or asset hereinbefore specified, but does not include cash -in-hand, cash at bank advances towards any income or other tax, inves tments and book debts, or rights, liabilities and obligations respecting any other contract ; (i) “Tribunal” means the Tribunal constituted under section 12. Vesting 3. On the appointed day, every scheduled undertaking shall, by virtue of this Act, sta nd and be deemed to have stood transferred to and vest and be deemed to have vested in the Corporation free from any debt, mortgage, charge or other encumbrance or lien, trust or similar obligation (excepting any lien or other obligation in respect of any advance on the security of any sugar stock or other stock -in-trade) attaching to the undertaking ; Provided that any such debt, mortgage, charge or other encumbrance or lien, trust or similar obligation shall attach to the compensation referred to in se ction 7, in accordance with the provisions of that section, in substitution for the under-taking ; Provided further that a debt, mortgage, charge or other encumbrance or lien, trust or similar obligation created after the scheduled undertaking or any pr operty or asset comprised therein had been attached, or a receiver appointed over it, in any proceedings for realization of any tax or cess or other dues recoverable as arrears of revenue shall be void as against all claims for dues recoverable as arrears of revenue. 1[3-A. Notwithstanding anything to the contrary contained in any other provisions of this Act, the State Government, may, if it considers necessary or expedient in public interest, divest, sell off, transfer or otherwise part with all or any of its shares in the Corporation at any time. 3-B. Notwithstanding anything to the contrary contained in any other provision of this Act, the Corporation or any of its subsidiaries may, in public interest, sell or transfer any of its assets and/or liabilities or part thereof which have vested in the Corporation in accordance with the provisions of this Act, or in any other manner. 1. Ins. by sec. 3 of U. P. Act no. 3 of 2009. 3 —————————————————————————————————————————— [The Uttar Pradesh Sugar Undertaking (Acquisition) Act, 1971] 3-C. Notwithstanding anything to the contrary continue in any other law for the time being in force it shall be lawful for the State Government, if it is satisfied that in the public interest it is necessary to so do, to change the land use or to issue directions for change of land use in relation to the land belonging to the scheduled undertakings of the Corporation or in re lation to land belonging to any sugar mill acquired or established by the Corporation or its subsidiaries at any time. 3-D. The Government Order No. 1215S.C/18 -2-07-56/07T.C. dated June 4, 2007 and all subsequent Government Orders, notifications or polic y statements issued and actions taken in relation to disinvestment, privatization, sale, transfer in any form or closure of the scheduled undertakings or sugar mills of the Corporation and its subsidiaries or in relation to the Corporation itself shall stand validated. Power to remove difficulties 3-E. If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notified order make provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing such difficulty ; Provided that no order under this section shall be made after expiration of a period of two years from the commencement of the Uttar Pradesh Sugar Undertakings (Acquisition) (Amendment) Act, 2009.] Certain consequences of vesting 4. Notwithstanding anything contained in any other law for the time being in force, and save as otherwise provided in this Act, on and from the appointed day— (a) every appointment of Receiver over any scheduled undertaking by any court shall cease ; (b) every lease or other arrangement where under any scheduled under taking or the management thereof has been transferred to any person shall cease to have effect ; (c) every attachment, injunction or any other order of a court restricting or restraining the use of any scheduled undertaking or prescribing a scheme of management in respect thereof, howsoever described, shall cease to have effect. Duty to deliver possession. 5. (1) Where any scheduled undertaking has ves ted in the Corporation under section 3, every person in whose possession or custody or under whose control any property or asset, book of account, register or other document comprised in that undertaking may be, shall forthwith deliver the same to the Collector. (2) The Collector may take all necessary steps for securing possession of any such property or asset, book of account, register or document, and in particular, may use or cause to be used such force as may be necessary. 4 [The Uttar Pradesh Sugar Undertaking (Acquisition) Act, 1971] (3) The Collector shall prepare an inventory of all properties, assets, books of account, registers and documents taken possession of under this section, so far as practicable in the presence of the o ccupier or his authorized representative. (4) Deliver of possession to the Collector under this section shall amount to deliver of possession to the Corporation. (5) Without prejudice to the provisions of the foregoing sub - sections, any person referred to in sub- section (1) shall be liable to account to the Corporation for any such property or asset, book of account, register or document which he has failed to deliver to the Collector. Duty to furnish particulars 6 The occupier of every scheduled und ertaking shall, within sixty days from the appointed day or within such further time as the Corporation may allow in that behalf, furnish to the Corporation or to such officer as the Corporation may specify, complete particulars of all liabilities and obligations incurred on the security of the undertaking and subsisting on the appointed day, and also of all agreements and other instruments pertaining to the scheduled undertaking (including agreements, decrees, awards, standing orders and other instruments relating to leave, pension, gratuity, provident fund and other terms of service of any person employed in that undertaking), in force immediately before the appointed day and the Corporation shall afford him all reasonable facilities for this purpose. Determina tion and mode of payment of compensation 7. (1) (a) Subject to the provisions of clauses (b) and (c), th e State Government shall pay as compensation for any sugar stocks comprised in a scheduled undertaking their value, which shall be calculated at the ex-factory market price prevailing immediately before the appointed day, minus basic excise duty and additional excise duty in lieu of sales tax leviable thereon. (b) Such sugar stocks shall be disposed of from time to time (if necessary, by arrangement with any bank which has made advances before the appointed day on the security thereof) and as and when the stocks are disposed of, so much of the said compensation as relates to the quantity disposed of shall be paid in cash by deposit with the prescribed authority in accordance with the provisions of sub -sections (6) and (9). (c) Out of the said compensation the amount of any advance or, as the case may be, the proportionate amount of advance, made on the security of the quantity disposed of toget her with interest and any other charges relating thereto payable under the terms of the advance, and storage and other incidental charges relating thereto payable to the Corporation or to any other person, shall be paid first, and the balance shall be depo sited as aforesaid with the prescribed authority and be paid to the persons entitled thereto in accordance with the decisions of that authority or of the Tribunal, as the case may be, 5 [The Uttar Pradesh Sugar Undertaking (Acquisition) Act, 1971] under sub-section (9) or sub -section (12) or under section 8, section 9 or section 11. U . P. Act XXIV of 1964. (2) The State Government shall pay as compensation for the acquisition of any stocks of molasses comprised in the scheduled undertaking their value calculated at the price prevailing immediately before the appointed day, as fixed under the Uttar Pradesh Sheera Niyantran Adhiniyam, 1964, and the provisions of clauses (b) and (c) of sub-section (1) shall mutatis mutandis apply in relation to such compensation. (3) The State Government shall pay as compensation for the acquisition of any stocks of sugarcane comprised in the scheduled undertaking the actual cost of their purchase, as may be agreed upon between the State Government and the persons interested and failing such agreement, as may be determined by the prescribed authority. (4) The State Government shall pay as compensation for the acquisition of any sugar in the process of production or any bagasse or press-mud comprised in the schedule I undertaking its market value as may be agreed upon between the State Government and the persons interested, and failing such agreement, as may be determined by the prescribed authority. (5) In addition to the compensation, if any, payable under sub - sections ( 1), (2), (3) and (4) for the acquisition of the properties and assets referred to in those sub -sections, the State Government shall pay as compensation for the acquisition of every scheduled undertaking specified in column 2 of 1[any of the schedules to this Act] an amount specified against it in column 3 thereof, by depositing it with the prescribed authority in accordance with the provisions of sub - section (6) and (9), and the same shall be paid to the persons entitled thereto in accordance with the decis ions of that authority or of the Tribunal, as the case may be, under sub -section (9) or sub-section (12) or under section 8, section 9 or section 11. (6) The State Government shall provisionally deduct from the compensation referred to in sub -sections (1 ), (2), (3), (4) and (5) the following amounts, namely :— (a) any amount due on account of any debt, mortgage, charge or other encumbrance or lien, trust or similar obligation attached to the scheduled undertaking which by virtue of the provisions of section 3 shall, on the appointed day, attach to the compensation in substitution for the under taking ; (b) any amount due to any cane -growers or any cane -growers’ co-operative societies in respect of the price of sugarcane supplied by such cane growers or by members of such societies to the scheduled undertaking before the appointed day ; 1. Subs. by sec. 3 of U. P. Act no. 30 of 1989. 6 —————————————————————————————————————————— [The Uttar Pradesh Sugar Undertaking (Acquisition) Act, 1971] (c) any amount of wages, retaining allowances, bonus, provident fund or other payment due to persons employed as workmen (within the meaning of the U. P. Industrial Disputes Act, 1947) in connection with the scheduled undertaking immedi ately before the appointed day ; (d) any amount due in respect of either the employer’s contribution or the employees’ contribution realized by the employer or any other dues recoverable from the employer under the Employees’ Provident Fund Act, 1952 or the Employees’ State Insurance Act, 1948 in respect of persons employed in connection with the scheduled undertaking immediately before the appointed day that the employer may have failed to pay in accordance with the respective Acts ; (e) any amount, n ot being an amount referred to in clause (a), claimed by the State Government to be due immediately before the appointed day from any person interested in the scheduled undertaking on account of any loan, tax or cess, or any penalty or interest due in respect of such loan, tax or cess, — and deposit the balance, if any, with the prescribed authority, and where such deductions are equal to or exceed the compensation, it shall inform the prescribed authority accordingly ; Provided that the amount provisi onally deducted under clause (a), in so far it is not claimed by the State Government as due to itself, be deposited with the prescribed authority for disbursement to the persons interested according to their respective titles. Explanation—The amounts r eferred to in clauses (a), (b), (c) and (d) shall be provisionally deducted on the basis of information available with the State Government in respect thereof, and it shall be open to the State Government to obtain relevant information either from the Corp oration or from the Cane Commissioner, the Labour Commissioner, the Employees’ Provident Fund Commissioner or the Employees’ State Insurance Corporation, as the case may be. (7) The State Government shall file with the prescribed authority a statement g iving particulars of the deductions referred to in sub-section (6). (8) The prescribed authority shall give notice of every deposit made with it under sub -section (6) and of every statement filed before it under sub -section (7) to all persons known or be lieved to be interested in the scheduled undertaking or to be entitled to act for persons interested. (9) If any person interested (including any secured creditor) makes any objection against the correctness of the amounts provisionally deducted under s ub-section (6), such objection shall be decided by the prescribed authority and the prescribed authority may in accordance with its decision direct the State Government to make 7 [The Uttar Pradesh Sugar Undertaking (Acquisition) Act, 1971] such deposit or further deposit as may be necessary or make such other order as it thinks fit. (10) The deposit referred to in sub -section (6), in so far as it relates to the compensation referred to in sub -section (5), shall be made not later than six months from the date on which possession of the properties and assets comprised in the scheduled undertaking has been delivered under section 5 ; Provided that where in c onsequence of any act committed by any person interested (including any legal proceeding instituted by him), the Corporation is deprived of or is interrupted in the possession of such properties and assets the period of such deprivation or interruption shall be excluded while computing the said period of 1[six months]. (11) (a) Interest at the rate of five and three quarters per cent per annum shall be due from the State Government on the balance of the amount of compensation referred to in sub -section (5 ) less the amounts mentioned in clauses (a), (b), (c), (d) and (e) of sub-section (6). (b) Such interest shall run from the date on which possession of the properties and assets comprised in the scheduled undertaking has been delivered under section 5 till the date or respective dates of deposits under sub -section (6) and sub -section (9), but any period referred to in the proviso to sub-section (10) shall be excluded. (12) If any doubt or difference arises in respect of the period referred to in the pro viso to sub -section (10) or about the amount of interest referred to in sub-section (11) the same shall be determined by the prescribed authority, which may in accordance with its decision direct the State Government to make such deposit or further deposit as may be necessary. (13) Nothing in this section shall be construed— (a) to permit the State Government to claim any priority for its unsecured dues over any debt, mortgage, charge or other encumbrance, or lies, trust or similar obligation attached to the scheduled undertaking which by virtue of the provisions of section 3 shall, on the appointed day, attach to the compensation in substitution for the undertaking ; or (b) to require the State Government to pa y any amount in excess of the compensation provided by this section for satisfying any such debt, mortgage , charge or other encumbrance or lien, trust or other obligation. Claims to be satisfied out of compensation. 8. (1) The Corporation may prefer to the prescribed authority any claim based on any loss sustained by the Corporation by reason of any property, asset, book of account, register or any other document 1. Subs. by sec. 3 of U. P. Act no. 20 of 1985. 8 —————————————————————————————————————————— [The Uttar Pradesh Sugar Undertaking (Acquisition) Act, 1971] comprised in the scheduled under taking not having been delivered in accordance with the provisions of section 5. (2) Any cane -grower or cane -growers’ co -operative society may prefer to the prescribed authority any claim in respect of price of sugarcane supplied by him or by its members, as the case may be, to the scheduled undertaking before the appointed day or interest thereon or the society’s commission in respect of the sugarcane so supplied. (3) Without prejudice to the provisions of sub -section (2), the Corporation may send to the prescribed authority a certificate containing particulars of any outstanding dues referred to in that sub - section. Ac t XIX of 1952. Act XXXIV of 1948. (4) The Employees’ Provident Fund Commissioner or the Employees’ State Insurance Corporation may sent to the prescribed authority a certificate in respect of either the employer’s contribution or the employees’ contribution realized by the employe r or any other dues recoverable from the employer under the Employees’ Provident Fund Act, 1952, or the Employees’ State Insurance Act, 1948, as the case may be, in respect of any person who was employed in connection with the scheduled undertaking immedia tely before the appointed day, that the employer may have failed to pay in accordance with the respective Acts. (5) Any person who was employed exclusively in connection with the scheduled undertaking immediately before the appointed day, whether he doe s or does not become an employee of the Corporation under section 16, or ceases to be in such employment, or any trade union of which such person was member, may prefer to the prescribed authority any claim relating to any salary, wages, retaining allowances, leave salary, bonus, pension, provident fund, gratuity or other payment due to him, or the proportionate amount thereof, in respect of any service rendered by him in connection with the undertaking before the said day. (6) Without prejudice to the p rovisions of sub -section (5), the Corporation may send to the prescribed authority a certificate containing particulars of any outstanding dues referred to in that sub - section in so far as they relate to persons who were employed as aforesaid before the ap pointed day and who on and from that day become employees of the Corporation under section 16. (7) A claim mentioned in sub -section (1), sub -section (2), or sub-section (5), may be preferred whether or not a decree or award has been obtained on the basis thereof and it shall conform generally to the requirements of Orders VI and VII of the Code of Civil Procedure, 1908, as if it were a plaint. Act V of 1908 (8) A certificate mentioned in sub -section (3) or sub -section (6) may be sent whether or not any recover certificate or other process has 9 [The Uttar Pradesh Sugar Undertaking (Acquisition) Act, 1971] been issued or othe r legal proceedings have been taken before the appointed day in respect of dues referred to in that sub -section, and shall be conclusive evidence of the matters stated therein. (9) The prescribed authority shall give notice of every claim preferred to it or certificates received by it under this section to all persons known or believed to be interested in the scheduled undertaking or to be entitled to act for persons interested. (10) The prescribed authority shall hold such inquiry as it thinks fit, an d subject to the provisions of sub -section (8) and of section 9, adjudicate on the claims mentioned in this section and also on any dispute as to title to the compensation. (11) The amount of compensation shall be applied to the satisfaction of the claims mentioned in sub -section (6) of section 7 and the foregoing sub-sections, in the following order :— (a) claims mentioned in sub-section (1) ; (b) claims mentioned in clause (a) of sub -section (6) of section 7; (c) claims mentioned in clauses (b), (c) and (d) of sub-section (6) of section 7 ; (d) claims mentioned in clause (e) of sub-section (6) of section 7; (e) other claims mentioned in the foregoing sub-sections. (12) The claims mentioned in each clause of sub -section (11) shall rank equally between themselves, and if the balance referred to in that sub -section is insufficient to meet them they shall be satisfied proportionately. (13) The claims mentioned in the foregoing sub -section shall be preferred or certificates in respect thereof sen t to the prescribed authority within four months from the appointed day : Provided that any period referred to in the proviso to sub - section (10) of section 7 shall be excluded while computing the said period : Provided further that nothing in the for egoing sub -sections shall be construed to require any claim to be preferred or certificate to be issued in respect of any amount deducted by the State Government under clause (b), clause (c), or clause (d) of sub-section (6) of section 7. (14) The claims referred to in sub -section (11) shall be satisfied from the amount available out of compensation by the State Government or the prescribed authority, as the case may be, and the liability of any person interested in the scheduled undertaking shall, to the extent of such payment, stand discharged. (15) If the State Government pays any amount to any person which, according to the decision of the prescribed authority, was not 10 [The Uttar Pradesh Sugar Undertaking (Acquisition) Act, 1971] payable to him or exceeded the amount payable to him , the prescribed authority may make an order for the refund of such amount or, as the case may be, the excess amount, and such order shall have the force of a decree of a Civil Court. (16) The prescribed authority may disburse the sums deposited with it in accordance with its decisions or the decisions of the Tribunal, as the case may be, and may make such interim orders respecting the withdrawal or investment of the whole or part of any such sum as it thinks just and expedient. Explanation—In this se ction and in section 16, a person employed exclusively in connection with the undertaking immediately before the appointed day includes a seasonal worker who was in receipt of retaining allowance immediately before such day but does not include any other casual worker. Avoidance of certain secured debts 9. (1) Where any objection relating to a claim based on a debt, mortgage, charge ro other encumbrance or lien, trust or similar obligation is preferred to the prescribed authority under sub-section (9) of section 7, the State Government or the Corporation or any person referred to in sub -section (2), sub -section (4) or sub- section (5) of section 8, or any other creditor of the objector, may contest such claim, inter alia, on any of the following grounds, namely— (i) that the transaction of debt, mortgage, charge or other encumbrance of lien, trust or other obligation on which the claim is based, was entered into— (a) to defeat or delay any dues of the State Government or any claim referred to in section 8 or the claim of any other creditor ; or (b) to give to the claimant, or to a person through whom he claims, a preference over the dues of the State Government or of persons referred to in the said sub - sections of section 8, such transaction having bee n entered into within a period of one year immediately before the appointed day ; or (ii) that the transaction was not entered into in good faith and that its terms were not reasonable. (2) The prescribed authority after taking into consideration all the circumstances of any such transaction and of the scheduled undertaking, may, unless the claimant is proved to the satisfaction of the prescribed authority to be a transferee in good faith and for consideration, make an order cancelling or varying the transaction on such terms as it may think fit to impose, and the transaction shall, thereupon, cease to have effect or, as the case may be, shall have effect subject to such variation. Prescribed Authority 10. The State Government shall, by notification i n the Gazette, appoint an officer not below the rank of a Commissioner or a District Judge to perform the functions of the prescribed authority under this 11 [The Uttar Pradesh Sugar Undertaking (Acquisition) Act, 1971] Act, and different prescribed authorities may be appointed in respect of different scheduled undertakings. Appeal 11. Any person (including the State Government) aggrieved by a decision of the prescribed authority may prefer an appeal against such decision to the Tribunal, and the Tribunal may thereupon make such orders as it thinks fit. Tribunal 12. (1) The State Government shall, by notification in th e Gazette, constitute a Tribun al to perform the functions assigned to it by this Act, and different Tribunals may be constituted in respect of different scheduled undertakings. (2) The Tribunal shall consist of a single member, appointed by the State Government, from amongst persons who are or have been Judges of a High Court. Powers an Procedure. Act V of 1908 13. (1) The prescribed authority or the Tribunal shall have the powers of a Civil Court, while trying a suit or executing a decree under the Code of Civil Procedure, 1908, in respect of the following matters ; (a) summoning and enforcing the attendance of any person and examining him on oath ; (b) requiring the discovery and production of any document ; (c) receiving evidence on affidavits ; (d) issuing commission for the examination of any witness or document or for the inspection or evaluation of any property or asset comprised in a scheduled undertaking ; (e) executing any order made by it ; (f) such other matters, if any, as may be prescribed. (2) The prescribed authority or the Tribunal shall have power to regulate its own procedure, and to review any of its decisions in the event of there being a mistake on the face of the record or correct any arithmetical or clerical error therein. (3) If for any reason a vacancy (other than a temporary absence) occurs in the office of the prescribed authority or of the member of the Tribunal, the State Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy, and the proceeding may be continued before the prescribed authority or the Tribunal, as the case may be, from the stage at which the vacancy is filled. Act V of 1898 Act XLV of 1860 (4) The prescribed authority or the Tribunal shall be deemed to be a civil court withi n the meaning of section 480 of the Code of Criminal Procedure, 1898, and any proceeding before the prescribed authority or the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code. Bar of Jurisdiction 14. Every decision of the prescribed authority, subject to appeal, if any, to the Tribunal, and every decision of the Tribunal 12 [The Uttar Pradesh Sugar Undertaking (Acquisition) Act, 1971] under this Act shall be final and shall not be called into question in any court. Liability in respect of unsatisfied claims and other dues 15. Nothing in this Act shall be construed — (i) to affect any dues on any advance referred to in clause (c) of sub-section (1) of section 7 or any claim referred to in section 8 to the extent it remains unsatisfied out of the amount of compensation ; or (ii) to transfer any liability or obligation in respect thereon to the State Government or to the Corporation ; or (iii) to bar any remedy or any investigation or legal proceeding (whether pending immediately befor e the appointed day or not) under any l aw for the time being in force (including any law relating to recovery of dues realizable as arrears of revenue), in respect thereof against any person interested in the scheduled undertaking. Transfer of employees Act I of 1956 16. (1) Save as otherwi se provided in this section, every person (other than a director of a company in whom the ownership, management or control of the scheduled undertaking was vested immediately before the appointed day, or of a subsidiary company of such company, or a relative, as defined in section 6 of the Companies Act, 1956, of such director or of a proprietor or partner or lessee of the undertaking), who was employed exclusively in connection with the scheduled undertaking immediately before the appointed day shall, on and from that day, become an employee of the Corporation and shall hold his office or service therein by the same tenure, at the same remuneration, and upon the same terms and conditions, and with the same rights and privileges as to pension, gratuity and other matters as he would have held the same on the appointed day if the undertaking had not been transferred to and vested in the Corporation, and shall continue to do so until his employment in the Corporation is terminated or until his remuneration or ot her terms and conditions of service are revised or altered by the Corporation under or in pursuance of any law or in accordance with any provision which for the time being governs his service ; Provided that no appointment made or promotion, increment i n salary, pension, allowance or any other benefit 1[granted to any person after the thirty -first day of March, 1970 in relation to an undertaking specified in schedule 1, 31st day of March, 1983 in relation to an undertaking specified in schedule 2 and such date as may be notified by the State Government in this behalf in relation to an undertaking specified in schedule 3 (such dates hereinafter re ferred to as the specified date] and 2[before the appointed day which in the opinion of the Corporation] would not ordinarily have been admissible under the terms and conditions of service in force prior to the specified date shall have effect or be payable or claimable from the corporation or from any prvident, pension or other fund or from any authority administring the fund unless the State Government has, by general or special order, confirmed the appointment, promotion or increment or has directed the continued grant of the pension, allowance or other benefit as the case may be. 1. Subs. by sec. 4(a) of U. P. Act no. 30 of 1989. 2. Subs. by sec. 4(b) of U. P. Act no. 30 of 1989. 13 —————————————————————————————————————————— [The Uttar Pradesh Sugar Undertaking (Acquisition) Act, 1971] U . P. Act XXVIII of 1947 (2) Notwithstanding anything in sub -section (1), but subject to any express agreement to the contrary, any person referred to therein, other than a workman as defined in the U. P. Industrial Disputes Act, 1947, who becomes an employee of the Corporation shall be liable to be transferred from the schedule undertaking in which he was employed immediately before the appointed day to any other undertaking or establishment belonging to the Corporation at the same remuneration and on the same terms and conditions as govern him immediately before such transfer. (3) If any question arises as to whether any person was exclusively employed, in connection with the scheduled undertaking immediately before the appointed day, it shall be decided by the prescribed authority. (4) For the persons who, immediately before the appointed day, were trustees or any pension, provident, gratuity or other like fund constituted for the employees referred to in sub- section (1), other than trustees nominated by or under any law, there shall be substituted as trustees such persons as the State Government may, be general or special order, specify. U . P. Act XXVIII of 1947 (5) Notwithstanding anything contained in the U. P. Industrial Disputes Act, 1947, or in any other law for the time being in force, the transfer of services of any employee to the Corporation under sub - section (1) shall not entitle any such employee to any compensation under that Act or such other law, and no such claim shall be entertained by any court, tribunal or authority. U . P. Act XXVIII of 1947 (6) Where the State Government is satisfied that for purposes of securing uniformity in the scales of re muneration and other terms and conditions of service applicable to persons employed in connection with the scheduled undertakings vested in the Corporation under this Act it is necessary so to do, or that in the interest of the Corporation or for the devel opment of the sugar industry in the State a reduction in remuneration payable or a revision of the other terms and conditions of service applicable, to employees or any class of them is called for, the State Government, notwithstanding, anything in this se ction or in the U. P. Industrial Disputes Act, 1947, or any other law for the time being in force may at any time within a period of three years from the appointed day alter (whether by way of reduction or otherwise) the remuneration and the other terms and conditions of service to such extent and in such manner as it thinks fit, and if the alteration is not acceptable to any employee, the Corporation may terminate his 14 [The Uttar Pradesh Sugar Undertaking (Acquisition) Act, 1971] employment by giving him compensation equivalent to three months’ remuneration unless the contract of service with such employee provides for a shorter notice of termination. Explanations I —The compensation payable too an employee under this sub-section shall be in addition to, and shall not affect, any pension, gratuity, provident fund or any other benefits to which the employee may be entitled under the contract of service. Explanations II —The expression “contract of service” means the contract as s ubsisting between the employee and the Corporation immediately before termination. A ct II of 1946 U. P. Act XXVIII of 1947 Act XXI of 1965 Act XIX of 1952 Act XXXIV of 1948 (7) For the purposes of adjudicating upon the fairness or reasonableness of t he provisions of any standing orders under the Industrial Employment (standing Orders) Act, 1946, or the fairness and reasonableness of wages and other allowances, leave with wages, holidays, bonus, profit- sharing, provident fund, gratuity, customary concessions and privileges, rationalization, retrenchment or any other matter mentioned in the Second or the Third Schedule to the U. P. Industrial Disputes Act, 1947, and for calculation of bonus under the Payment of Bonus Act, 1965, or any contribution under the Employees’ Provident Fund Act, 1952, or under the Employees’ State Insurance Act, 1948, the accounts, profit, lo sses and other circumstances of or pertaining to the undertaking belonging to the Corporation in which a workman or other employee is for th e time being employed shall alone be considered and not the accounts, profits, losses and other circumstances of any other undertaking vested by virtue of this Act in the Corporation or otherwise acquired by it. (8) Where at any time after the appointed day the Corporation promotes any subsidiary company and transfers one or more scheduled undertakings which by virtue of this Act have vested in the Corporation to such company, the services of such of the employees of the Corporation as the Corporation de clares to have been employed in connection with that or those undertakings (excepting such of them as elect otherwise within such time as may be prescribed) shall stand transferred to that subsidiary company, and every such employee shall become the employ ee of such company at the same remuneration, upon the same terms and conditions and with the same rights and privileges as to p ension, gratuity and other matters as would have been admissible to him if the undertaking had not been transferred to the subsidiary company, and shall continue to do so until his remuneration or other terms and conditions of service are revised or altered by the company under on in pursuance of any law or in accordance with any provision which for the time being governs his service, and the provisions of sub -section (5) shall muta tis mutandis apply to in relation to such transfer of services. 15 [The Uttar Pradesh Sugar Undertaking (Acquisition) Act, 1971] Access to books of account and other documents 17. Where, at any time during a period of one year from the appointed day, any occupier or any person interested in a scheduled undertaking requires for purposes of defending any claims referred to in sections 7 and 8 before the prescribed authority or for filing any return before any public officer or authority, or any other like purpose, any information contained in any book of account, register or other document which by virtue of this Act has vested in the Corporation he may apply to the Corporation for inspection of such book, register or other document, and thereupon the Corporation shall afford him all facilities for the purpose and in particular, allow him to in spect any such book, register or document or to take extracts or copies therefrom. Penalties 18. (1) Any person who— (a) having in his possession, custody or control any property, asset, book of account, register or other document forming part of or relating to a scheduled undertaking vested in the Corporation under section 3, withholds it from the Collector in contravention of the provisions of section 5 ; or (b) wrongfully obtains possession of any such property, asset, book of account, register or other document ; or (c) conceals, destroys, mutilates or defaces any book of account, register or other document with intent to evade the provisions of section 5 ; or (d) willfully fails to furnish any particulars as required by section 6 ; or (e) furnishes, in compliance with the requirements of section 6, particulars which are false and which he either knows or believes to be false or does not believe to be true ; shall be punishable with imprisonment for a term which may extend to three years or with fine, or with both. (2) Any court trying any offence under clause (a) or clause (b) of sub-section (1) may, at the time of convicting the accused person, order him to deliver up within a time to be filed by it any property, asset, book of account, reg ister or other document wrongfully obtained or willfully withheld. (3) No court shall take cognizance of an offence punishable under this section except with the previous sanction of the State Government or of an officer authorized by the State Governmen t in that behalf. Offences by Companies 19. (1) If the person committing an offence under this Act is a company, the company as well as every person in charge of and responsible to the company for the conduct of its business at the time of the commission of the offences shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly ; 16 [The Uttar Pradesh Sugar Undertaking (Acquisition) Act, 1971] Provided that nothing conta ined 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 exercised all due diligence to prevent the commission of such offence. (2) Notwithstan
Excerpt shown. Open the full act in Lexace.