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Section 31: Government guarantee or a minimum return

The Himachal Pradesh State Aid to Industries Act, 1968State Act of Himachal Pradesh · Act 2 of 1971

The conditions of a guarantee by the State Government of a minimum return on the whole or part of the capital of joint stock company shall be-

(a) that the industry shall be subject to the conditions of section 26 inrespect of inspection, returns and accounts;

(b) that a minimum portion of the authorised capital of the industryto be fixed according to the circumstances of each case has been subscribed and paid in cash;

(c) that no such guarantee shall, in any case, extend beyond a periodof 5 years;

(d) that during the period to which the guarantee extends, the State Government may impose on such persons as it considers to be directly concerned in the promotion of the company, a condition that if they transfer any of their shares without the consent of the State Government, they shall be liable jointly and severally to refund to the State Government any sums paid to the company in fulfilment of the guarantee;

(e) That the State Government shall be entitled to recover the whole or any part of the sum paid by the State Government on account of such guarantee with interest at the rate in force on the date of the agreement forloans granted under the Land Improvement Loans Act, 1883, (19 of 1883) at any time after such period as may have been laid down in the agreement, provided that the State Government is satisfied that the company is paying or is able to pay interest or a dividend upon the capital shown as paid up in excess of such rate as may be fixed in the agreement and such recovery shall be made in the manner laid down in sections 23, 24 and 25:

Provided that the sum recoverable by the State Government in anyone year shall not exceed a sum equal to half the net profits made by the company in the preceding year in excess of the sum required for the payment of interest or dividend at the rate fixed in the agreement.

Where this provision sits

ActThe Himachal Pradesh State Aid to Industries Act, 1968
Section31
Marginal noteGovernment guarantee or a minimum return
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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