Registered No. A-12 i The Assam Gazette e n r o w EXTRAORDINARY £TT® ®3TRT SWTW5w PUBLISHED BY AUT HOR ITY -■?< 152 ., w ?Rfi< 25 CK”$5J<r, 1990s 3 1912 ( w ) No. 152 Dispur , Tuesday, 25th S eptem ber, 1390, .r d Asv ina, 1012 (S. E.)
GO VE RN ME NT OF A SSAM OR DE RS BY TH E GOVERNOR LEGISLATIVE DEPARTMENT LEGISLATIVE BRANCH NOTIFICATION The 24th September 1990 No. LGL.98/89/182. —The following Act of the Assa m Legisla tive Assembly h-u . received the assent ot the Pes iden t is hereby publ ished for genera l infer nation 778 THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 25, 1990 ASSAM ACT NO. XV OF 1990 , Received the assent o f the Pres ident’s on 12th September 1990 THE JOGIGHOPA (ASSAM) UNIT OF ASHOK. PAPER MILLS LIMITED (ACQUISI TION AND TRANSFER OF UNDERTAKING) ACT, 1990* An Act to provide for, in the public interest, acquisi tion of the right, title and interest of the indus trial under taking of Messers the Jogighopa (Assam) Unit of the Ashok Paper Mills Limited, Calcutta and for matters connected therewith or incidental thereto* Whereas the Jogighopa (Assam) Unit of the Ashok Paper Mills Limited, (Registered Office Cal cutta), has been engaged in production, manufac ture and procurement of raw materials (therefore) of articles mentioned in the first Schedule to the e5ofi95i incju s tr ie s (Development and Regulation) Act, 1951, namely, paper including newsprint etc* at its Mill at Jogighopa in the district at Goalpa ra in the State of Assam, which are essential to meet the needs of the public;
l ®f 1986 Whereas the Industrial Undertaking, namely, the Jogighopa (Assam) Unit of the Ashok Paper Mills Limited, Calcut ta has become sick and has been so held by the Board for Industrial and Finan cial Re-construction within the meaning of clause
(o) of section 3 of the Sick Industria l Companies (Special Provisions) Act, 1985, necessitating its re juvena tion and rehabili tation and subscription to its all-round growth and development, owing to its public interest and in the interest of the State of Assam;
And whereas investment of large amount of money is necessary for the rehabilitat ion and develop ment of, for starting and maintenance of produc tion and for securing proper management of the affairs of the aforesaid industrial undertaking;
THE ASSAM GAZETTE, EXTRAORDINARY, SRPT. 25, 1990 779 And whereas for the purpose of re-construcung and rehabil itating the said industrial undertakings and there by forming a viable unit to subserve the interest of the general public and of the State of Assam by the augmentat ion of production and dis tribu tion of bamboo, pulp, paper, newsprint, paper board, caustic soda and chlorine which are essen tial for the growth of economy of the country, it is necessary to acquire the right, title and interest of the undertakings of the Jogighopa (Assam) Unit of Messers Ashok Paper Mills Limited, Calcutta;
It is hereby enacted in the Forty-first Year of the Republic of India, by the Legislature of Assam, as follows namely:— CH AP TE R-!
PRELIMINARY Sh°andtle 1' *1) This Act may be called the Jogighopa omrnence- (Assam) Unit of Ashok Paper Mills Limited, Calcut ta ment. (Acquistion and Transfer of Undertaking) Act, 1990.
(2) It shall come into force at once.
2. In this Act, unless the context otherwise-efinitions. r e q u i r e s ._
(a) “appointed day” means the day on which this Act comes into force;
(b) “book or paper” means books of accounts deeds, vouchers, writings and documents and shall include any books of accounts, deeds, vouchers and documents having bearing or relation with the existing facts or circumstances;
(c) '‘Commissioner” means Commissioner of pay ments appointed under section 16;
(d) "Com pany” means the Jogighopa (Assam) Unit of Ashok Paper Mills Limited being a Comi Ofi 956 pany incorporated under the Companies Act, 1956, having its registered office at Calcutta and register ed as such.
780 THE ASSAM GAZETTE EXT RAORDIN ARY, SEPT. 25, 1990
(c) ‘‘Co ur t” With respect to any offence und er .his Act , means the Co urt o f a Magis trat e of First Class having jur isd ict ion in a dist rict , but does not include the High Court in the exercise of its or i gina l jur isd ict ion ;
(f) ‘'Go vernm ent Comp any ’’ means a Com pany form ed, aft er the app oin ted day, by the State Gov ernr of 1956 m e n t a n d r e gi s t e r £ d und er the Com panies Act, 1956 and shall include a Com pany, if any , form ed by the State Gover nm ent ear lier for the specific pu r pose cf acquisi tion and manag ement of the indus tria l undertaki ng of the Com pany registered und er the Com panies Act, 1956;
(g) “N oti fication” means a not ification pub lished in the Official Gazette ;
(h) “ Pre scr ibe d” means p rescr ibed by rules u nder this Act;
(i) “ State Gover nment ’’ means the Government of Assam;
(j) words and expressio ns used here in and not defined but defined in the Ind ust ries (Develo pme nt and Regulat ion ) Act, 1951 and the Com pan ies Act, 65 oi i95i j956, h ave t he m eanings respectively assigned to them in these Acts* chapter- I I Acq uisi tion and transfer of the un de rta kin g of the company.
Ind” vestir,” appointed day, the unde rta kin g o f the in thTstat lCompany; and the rig ht, titl e an d intere st of the under ^ o m Pany in rela tion to its u ndertaking , shall, by /Iking™ the virtue of t his Act, be tran sferred to, an d shal l vest company. in , the Sta te Government :
Provided th at n oth ing herein conta ine d or con tained in any oth er law for the tim e be ing in force o r in the Me mo ran dum or Artic les of Associa tion of the Company shall prec lude from tra ns fer rin g an d vesting the u ndert ak ing o f th e Com pany to the Sta te Government or to a Gover nm ent Com pany, as the case may bef'HE ASSAM GAZETTE. EXTRAORDINARY, SEPT. 25, !990 781 « undertaking of the Company shall be vê ng0 deemed to include all assets, rights, lease holds, powers, authori ties and privileges, and all prope rties movable and immovable including lands, buil dings, workshops, goods and chattels including stores, machineries and equipments vehicles, office furniture, books and stationery, cash balances including cash in hand, cheques, demand drafts, reserved funds, investments, book debts and all other rights and interests in, or arising out of such properties as were, immediately before the appointed day, in the ownership, possession or control of the undertaking of the company, whether within or outside India and all other books and papers of accounts, regi sters and all other documents of whatever nature relating thereto.
(2) All properties and assets as aforesaid which have vested in the S tate Government under section 3 shall, by force of such vesting be freed and discharged from any trust, obligation, mortgage, charge, lien and other encumbrances affecting it, and by force o f such vesting any attachm ent, injunc tion or any decree or order of any court or other authority restricting the use of such property or assets in any manner or appointing any receiver in respect of the whole or any part of such property or assets shall be deemed to have been withdrawn.
(3) Every mortgage of any property which has vested under this Act in the State Government and every person holding any charge, lien or other interest in or in relation to, any such property shall give, within such time and such manner as may be prescribed, an intimation to the State Go vernment or to Commission or any such officer as may be appointed by the State Government in tha t behalf, of such mortgage, charge, lien or other interest.
(4) The mortgage of any property or any other person holding any charge, lien or other interest in, or in relation to, any such property referred to in sub-section (3) shall be entitled to claim, in accordance with his rights and interests payment of the mortgage money or other dues in whole, or 782 THE ASSAM GAZETTE, EXTRAORDINARY, SEPT 25, 1990 in part, out of the amount of compensation deter mined under section 8 and also out of the monies determined under section 9 but no such mortgage, charge, lien or other interests shall be enforceable against any property which has vested in the State Government.
(5) If on the appointed day, any suit appeal or other proceeding by or against the Company, of whatever nature in relation to any property which has ves ted in the State Government, under section 3, is pending, the same shall not abate, be disconti nued or be, in any way prejudicially affected by reason of the transfer of the undertaking of the Company or of anything contained in this Act, but the suit, appeal or other proceeding may be con tinued, prosecuted or enforced by or against the Company.
Licences an d 5. Anv licence, permit or other instrument granments not to ted. to the Company in relation to the undertaking diverting which has vested in the State Government under a n d tran sfer section 3 of this Act, at any time before the kinUofethe‘ a PP°in t e d day and in force immediately before that company, day, shall continue to be in force on and after such day in accordance with its tenure in relation to and for the purpose of such undertaking of the Company and on and from the date of vesting of such undertaking in a Government Company un der section 7, the concerned Government Com pany shall be deemed to be substituted in such licence, permit or other instrument as if such licence, permit or other instrument has been granted to such Government Company and such Government Company shall hold it for the remaining period for which the concerned Company would have held it under the terms thereofstate go - 6- (1) Liabilities of the under taking of the \ ern“^ ‘ Company incurred in any period prior to the apnotmt>nbe pointed day shall be the liability of the Company Hrior' Ha* a n ^ t>e enforceable against it and not against bHitiw.la" the State Government or where the under taking of the Company are directed, under section 7, to vest in a Government Company, against that Govern m en t C om pany ;
THE ASSAM GAZETTE. EXTRAORDINARY, SEPT. 25, l$90 783
Provided that the State Government, after ob serving proper financial formalities and by notifi cation, may declare certain liabilities or class or classes of liabilities to be the liabilities of the State Government or the Government Company, as the case may be.
(2) No award, decree or order of any Court, Tribunal or other authority in relation to the under taking of the Company passed on or after the appointed day in respect of any matter, claim, dispute or cause of action arising before the ap pointed day shall be enforceable against the State Government or, against the Government Company where the under taking of the Company stands transferred to and vested in a Government Company under this Act-
(3) No legal liability for controvertion before the appointed day by the undertaking of any provision of law, for the time being in force, shall be enforceable against the Central or the State Government or where the undertaking of the Company are directed under section 6, to vest in a Government agaim t that Government Companyrowers of 7- (1) Notwithstanding anything contained in the st at e section 3 and section 4, the State Government w*dSre«ent may, if it is satisfied that a Government Company vesting of jg willing to comply, or has complied, with such t»'ingdof" terms and conditions as that Government may think the co m p any fit t0 impose, direct, by notification, that the un- CompFny’4' dertaking of the Company and the right, title and interest of the Company in relation to its under taking which has vested in that Government, vest in that Government Company either on the date of the notification or on such earlier or later date (not being a date earlier than the appointed day) as may be specified in the notification-
(2) Where the right, title and interest of the Company in relation to its undertaking vest in a Government Company under sub-secticn (1), the Government Company shall, on and from the date of such vesting, be deemed to have become the owner in relation to such undertaking and all the 784 THE ASSAM GAZETTE, EXTRAORDINARY. SEPT. 25, 1990 rights and liabilities of the State Government in relation to such undertaking shall, on and from the date of such vesting, be deemed to have become the rights and liabilities, respectively, o f the Govern ment Company.
CHAPTER -III payment of amounts Pav m en t of For the transfer to and vesting in the State Amoum, ° Government under section 3 and the Government Company under section 7 of this Act, and the right, title and interest of the Company shall be given by the State Government or the Government Company, as the case may be, in cash and in the manner specified in Chapter-VI, an amount that may be fixed by the State Government duly con sidering the value of assets of the Company and after observing proper financial formalities.
Pa m nt of ^or deprivation o f the Company of ’ imthcr" ° the management of its undertaking there shall be amount. given to the Company by the State Government such sums as the State Government may decide, after observing due financial formalities, to be due to the Company.
(2) The amount specified in section 8 and amount to be determined under sub-section (1) shall carry simple interest at the rate of four percent per annum for the period commencing on the appointed day and ending on the date on which payment of such amount is made by the State Government or by the Government Company, as the case may be, to the Commissioner-
(3) The amounts specified in sub-section (1) and sub-section (2) of this section shall be paid in addition to the amount specified in section 8:
Provided tha t the liabilities of the Company prior to the appoin ted day, tha t is ‘o say, the date on which the undertaking has been transferred to and vested in the State Government or the Government Company and in relation to the affairs of the undertaking shall be discharged from the I THE^ ASSAM GAZETTE. EXTRAORDINARY, SEPT. 25, 1990 785 amount specified in section 8 and in sub-section (1) an ,1 (2) of section 9 in the manner prescribed and in accordance with the rights and priorities men tioned in the Schedule.
(4) Where liability of the Company in respect of the undertaking specified in the Schedule is discharged by the State Government or by the Government Company according to the order of priorities mentioned in the Schedule, the amount to be paid to the Company under section 8 and sub-sections (1) and (2) of this section, shall stand reduced to that extent.
CHAPTER—IV MANAGEMENT AND ADMINISTRATION OF THE UNDERTAKING OF THE COMPANY.
•md'Admi'n is- The Government Company or any person uat.onofTheOr body of persons which the Government Ccmofdthe ôm Pa n y m a Y> by order in writing, specify, shall be pany* °“ entitled to exercise the powers of general superin tendence, direction, control and m anagement of the affairs of the business of the Company after the right, title and interest of the undertaking of the Company have keen transferred to and vested in the Government Company under section 7 of this Act. The person or body of persons so authori sed by the Government Company shall be entitled to do all such things as the Government Com pany is authorised to do under authority of the State Government or, under the Rules under this Act.
Duty ofper- 11* On the vesting of the management of the sons in char-undertaking of the Company in a Government ge m en t o f Company, all persons, in-charge of the managethe underta. m e n t o f the undertaking of the Company imdeuvcrto*n mediately before such vesting, shall be bound to ass ets et c. deliver to the Government Company all assets, books and papers of accounts, registers and other documents in its custody relating o the under taking.
_ 786 THE ASSAM GAZETTE. EXTRAORDINARY SEPT. 5, 1990 pwS bontyin°f (1) Any person, who has, on the appoinpos session or ted day, in his possession or under his control a”"Ebooks a n y assets, books, documents or other papers or d o c u m c o ts fe la ti n g to or belonging to the undertaking or r!'lat ine to would have so belonged if the undertaking of the taking of the comp any had not vested m tire State Governdehv^su c 'h m e n t °r SUC^ Government Company, shall be liaasse ts, books ble to account for the said assets, books, documeltdtoVhem e n ts an< ̂ other papers to the State Government sta"eSGover or the Government Company, as the case may nment. be , a nd shall deliver them upto the Government Company or to such person or persons as the State Government or the Government Company may specify in this behalf.
(2) The Company shall within such period, as the State Government may allow in this behalf, furnish to the State Government, a complete in ventory of all properties and assets, as on the appointed day, pertaining to the undertaking which has vested in the State Government under this Act, and for this purpose the State Government or, in eases so warranted, the Government Company shall afford all reasonable facilities to the Company.
v
(3) The State Government or the Government Company may take, or cause to be taken, all necessary steps for securing possession of the undertaking of the C 'mpany which has vested in the State Government or the Government Company under this Act.
Liability of the Govern ment Com pany to .main tain accounts o the unJercak ing of the Company.
13. The Government Company shall maintain accounts of the undertaking of the Company in accordance with the provisions of the Companies Act, 1956.
CHAPTER—V PROVISIONS RELATING TO EMPLOYEES OF THE COMPANY Em plo ym ent 14. (1) Every person who has been immediately f c>ert ain before the appointed day, employed in the undert“ ?onytinue. taking of the Company shall become on and from the appointed day, an employee of the Govern ment Company with the same rights and I’HE ASSAM GAZETTE. EXTRAORDINARY, SE T . 25 1990 '/87 Privileges as to pension, gratuity and other matters as would have been admissible to him if the rigG ts in relation to the undertaking had not been transferred to and vested in the Government Co npa y and shall continue to do so until and unless his employment in the Government Company duly terminated or until his remuneration and other conditions of service are duly altered by the Government Company.
(2) Notwithstanding anything contained in 55 of i95i sub-section (1), any liability accruing or arising as a result of continuance of any employee of the undertaking of the Company in the service of the Government Company under this section, shall be borne by the Government Company only in res pect of any period on or after the appointed day, Whichever date may be approved by the State Government.
(3) Notwithstanding anything contained in the Industr ial Disputes Act, 1947 or any other law for the time being in force, the transfer of the ser vices of any officer or other person employed in the undertaking of the Company, to the Govern ment Company, shall not entitle such officer or other employee to any compensation under this Act, or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.
Provident 15. (1) Where before the appointed day the otherF-nds undertaking of the company had established a Pro vident Fund, superannuation, welfare or other fund for the benefit of the persons employed in the undertaking, the monies relatable to the officers or other employees whose services have been transferred by or under this Act, to the Government Company shall, out of the monies standing, on the appointed day, to the credit of such provident fund super annuation, welfare or other fund, stand transferred to and vest in the Government Company.
(2) The monies which stand transferred undcr sub-section (1) to the Government Company shall be dealt with by the Government Company in such manner as may be prescribed.
788 THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 25,1990
CHAPTER-VI COMMISSIONER OF PAYMENTS Appointmeni 16. (j) ygg sta te Government shall, for the oner of pay-purpose ot disbursing the amounts payable under menu. sections 7 and 8, by notification, appoint a Com missioner of Payments.
(2) The State Government may appoint such other persons, as it may think fit, to assist the Commissioner and thereupon the Commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this Act. The Commissioner may autho rise different persons to exercise different powers.
(3) Any person authorised by the Commissioner to exercise any of the powers exercisable by him may exercise those powers in the same manner and » with the same effect as if such powers have been conferred on tha t person directly by the State Go vernment under this Act.
(4) The salaries and allowances of the Commi ssioner and other persons appoin ted under this section shall be defrayed out of the consolidated fund of Statetheyms"atey 0 ) The State Government or the Govern- GoverRm ent ment Company, as the case may be, shall within Mion«mmi" thirty days from the appointed day or the speci fied date as may be prescribed, pay in cash the amounts mentioned in clauses (a) and (b) of this section to the Commissioner for payment to the Company and to discharge the liabilities of the Company in relation to the undertaking prior to the appointed day in accordance with the Schedule;
(a) an amount equal to the amount specified in section 8; and
(b) an amount equal to the amount payable to the Company under section 9.
(2) A deposit account shall be opened by the State Government in favour of the Commissioner I'HE ASSAM GAZETTE, EXTRAORDINARY SEPT. 2\ 1990 789 in the Public Account of the State, and every amount paid under this Act to Gomirns ioner shall be deposited by him to the credit of the said deposit account and the said deposit account shall be operated by the Commissioner.
(3) The interest accruing on the amount stand ing to the credit of the deposit account referred to in sub-section (2) shall accrue to the said account.
Powers of 18- (1) The State Government or the Government suu Gover-Company, as the case may be, shall be entitled to nment or receive, upto the specified date, to the exclusion of company6.114 all other persons, any money due to the Company in relation to the undertaking which has vested in the State Government, or the Government Com pany, as the ease may be, and realised after the appointed day, notwithstanding that the realisation pertains to a period prior to the appointed day.
(2) Save as otherwise provided in this Act, the liabilities of the Company in respect of any period prior to the appointed day, which have not been discharged by the State Government or the Government Company, shall be the liabilities of the Company.
beCmad* to Every person having a claim with regard them com- to any of the matters specified in the Schedule, missioner. pertaining to the undertaking of the Company ac quired under this Act, shall prefer such claim be fore the Commissioner within thirty days from the specified date :
Provided that if the Commissioner is satisfied tha t the claimant was prevented by sufficient cause from prefering the claim within the period of thirty days, he may entertain the claim within a further period of thirty days, but not thereafter.
p io r it of 20- The claims made under section 19 shall claims'?70 have priorit ies in accordance with the following principle, namely ?■—
(a) categories listed higher will take precedence over the ones listed lower in the Schedule 790 THE ASSAM GAZETTE. EXTRAORDINARY. SEPT. 25. 1990 that is to say, category I will take prece dence over all others and category II while coming next to category I will take precedence over category III etc.
and so on and so fo rth;
(b) the claims specified in each of the cate gories shall rank equally and be paid in full, but, if the amount is insufficient to meet such claims in full, they shall abate in equal proportions and be paid accordingly ;
(c) the liabilities specified in category II shall be discharged in the manner ag reed upon with ti.e bank, financial in stitutions subject to the priorities speci fied in this section; and
(d) the question of discharging any liability with regard to a matter specified in a lower category shall arise only if a sur plus is left after meeting all the liabili ties specified in the immediately higher category.
Exa min a- •; ion of claims.
21. (1) On receipt of the claims made under Section 19, the Commissioner shall arrange the claims in order of priorities, specified in the Schedule and examine the same in accordance with such order of priorities.
(2) If, on examination of the claims, the Commissioner is of opinion that the amount paid to him under this Act is not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine the claims in respect of such lower category.
Admission 22. (1) After examining the claims with reference of c S * t o . ^ e priorities set out in the Schedule, the Com missioner shall fix a date on or before which every claiment shall file the proof of his claim :
THE ASSAM GAZETTE. EXTRAORDINARY, SEPT. 25, 1990 791
(2) Notice calling upon the claimants to file proof of one’s claims to the Ccmmissicner shall be published in the Official Gazettee and shall be put in advertisement in < ne issue respectively o f: —
(i) any daily newspaper in English language having circulation in the major part of the co un try ;
(ii) any daily newspaper in Assamese langu age; and
(iii) any daily newspaper in other regional language as the Commissioner may con sider suitable- Not less than fourteen days’ notice from the last of the dates of such advertisement c r publication shall be allowed for filing proof of ihe claimant-
(3) Claimant who d< es not file the proof of his claim within the time specified by the Commis sioner, shall not b' considered for any payment to be made by the Commissioner-
(4) The Commissioner shall, after such in vestigation as may, in his opin on, bo necessary and after giving the Company an opportunity of refu ting his claim and after giving the claimant a i ascnab le opportunity of being heard, by order in writing admit »r reject ti e claim in whole or in part.
(5) The Commissioner shall also decide any dispute as tc the person or persons who is or who are entitled to the amount and any dispute as to who are tl e legal representative of any deceased claimant.
f6) The Commissioner sh all have the power to regulate his own procedure in all matters ari sing out t f the discharge of his functions , including the pi ace or places at which he will held his 7 9 2 THE ASSAM GAZETTE, EXTRAORDINARY SEPT. 25, 1990 sittings and shall, for the purpose of making an in vestigation under this Act, have the same powers as are vested in a Civil Court under the Code of ’ °f 1 9 0 8 Civil Procedure, 1908, in respect of the following matters, namely
(a) the summoning and enforcing the at tendance of any witness and exami ning him on Oath ;
(.b) the discovery and production of any document or other material object p ro ducible as evidence ;
(c) the reception of evidences on affi davits ;
(d) the issuing of any commission for the examination of witness.
45 of 1860 (.7) Any investigation before the Commis sioner shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the 2 of 1974 Indian Penal Cede, and the Commissioner shall be deemed to be a Civil Court for the purposes of Section 195 and Chapter XXVI of the Code of Cri minal Procedure, 1973.
(8; A claimant, who is dissatisfied with the decision of the Commissioner, may prefer an appeal against such decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the undertaking of the Government Com pany is situated :
Provided that where a person who is a Judge of High Court is appointed to be the Commissioner sue;, appeal shall lie to the High Cour t a t Guwahati, and such appeal shall be heard and disposed of by not less than two Judges of that High Court.
THE ASSAM GAZETTE. EXTRAORDINARY , SEPT. 25, 1990 793 D is b u rs e m e n t 23. After admitting a claim under this Act theCommiSy- the amount due in respect of such claim shall be s io n e r to c ia i . credited by the Commissioner to the relevant fund or be paid to the person or persons to whom such sums are due and on such credit or payment the liability of the Company in respect of such claim shall stand discharged.
Disbur«emen- 24. (1) If, out of the monies paid to him in nts ° f to m ° h e relation to the undertaking of the Company, there Company, is a balance left after meeting the liabilities in accordance with the priorities as specified in the Schedule, the Commissioner shall disburse such ba la nce to the Company.
(2) Where the possession cf any machinery, equipment or other property has vested in the State Government or the Government Company, as the case may be, under this Act, but such machinery, equipment or other property does not belong to the Company, it shall be lawful for the State Government or the Government Company to continue to possess such m chinery, equipment or other property on the same terms and conditions under which ti ey were possessed by the Company immediately before the appointed day.
Un disbm sed or un cla im ed am ou nt to be deposited with the gene ra l rev enue ac co un t.
25. Any money paid to the Commissionei which remains undisbnrsed or unclaimed on the date im mediately preceding the date on which the office of the Commissioner is finally worked up, shall be transfe rred by the Commission’r, before his office is finally wound up, to the general revenue ; ccount of the State Government. A claim to any money so transferred may be profeired to the S tate Govern ment by the person entitled to such payment and shall be dealt with as if such transfer has not been made and the older, if any, for payment of the claim being treated as an order, for the refund of revenue.
power of 26. For the purp ose of ascertaining whether any wspectioc by pe r s ° n claiming p ayment under this Act, is entitled ̂ommi.uon- Commissioner shall have the right and pow er to— 79 •' THE AS SA M GAZETTE , EXTRAO RDINA RY . SEPT. 2% 19c 0
(a) require any person, having the possession, custody or contract of any register or record of the undertaking of the Company, to produce such register or record before the Commissioner;
(b) require any person to make any sta tement or furnish any information which may be required by the Commissioner.
Assumption 27 (1) Where any liability of the Company rgeTiiaWiUy. a r ising out of any item specified in the category-I of the Schedule is not discharged fully by the Commissioner out o f the amounts paid to him under this Act, the Commissioner shall intimate in writing to the State Government to the extent of the lia bility which remains undischarged and tha t liability shall be assumed by the State Government.
(2) The State Government may, by order, direct the Government Company to take over the l iability * assumed by the State Government under sub section (1) and on receipt of such direction, it shall be the duty of the Government Company to discharge such liability.
CHAP TER—VII MISCELLANEOUS Act to have 28- The provisions of this Act shall have effect effect1.61118 notwithstanding anything inconsistent therewith 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 othe r authority.
Maŝ uhave Every contract entered into by the undereffeot u n le s s 'taking of the Company which has vested in the «heifiedtate State Government under section 3, for any service, Government sale or supply, and in force immediately before the or Govern- appointed day, shall, on and from expiry of one ”any, °m'hu nd red and eighty days from the appointed day, cease to have effect unless such contract before the expiry of the said period is ratified, in writing by THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 25, 1990 795 : e State Government or tlie Government Company m which the undertaking of the Company has vested under this Act and in ratifying such contract, he State Government or Government Company may make such alterations or modifications therein as it, may think fit :
Provided that the State Government or the Government Company shall not omit to ratify a contract and shall not make any alteration or modificath r. in a contract—
(a) unless it is satisfied that such contract is unduly omrous or has been entered into in bad faith or is detrimental to the interest of the State Government or the Government Company ; 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.
30. Any person, who,—
(a) having in his possession, custody or con trol any property forming part of the under taking cf the Company wrongfully withholds such pro perty from the State Government or the Govern ment Company ; or
(b) wrongfully obtains possession of or re tains any property forming pa rt of the undertak ing of the Company which has vested in the State Government or in the Government Company under this Act ; or
(c) wilfully withholds or fails to furnish to the State Government or Government Company, as the case may be, any document relating to the undertaking, which may be in his possession cus tody or control; or
(d) wilfully fails to furnish to the State Go vernment or the Government Company, as the case may be, any assets, books of accounts 796 THE ASSAM GAZETTE EXTRAORDINARY SEPT. 25 i950 registers or other documents in his possession, custody or control, relating to the under taking ; or
(e) wrongfully removes or destroys an pro perty forming pa rt of the undertaking or prefers any claim under this Act which he knows or has reason to believe to be false or grossly inadequate ;
shall on conviction be punishable with impri sonment for a term which may extend to two years or with fine which may extend to ten thousand rupees or with both.
31. No Court shall take cognizance of an offer'ce oF°Offences punishable under this Act, except with the prewith previous v ious sanction of the State Government or of an san cti on onxv a u t fro r jsC(j fry Government in this behalf.
offences by 30, (l) where an offence under this Act has companies. fre e n committed by a company, every person who at the time when the offence was committed, was insharge of. and was responsible to the Company for conduct of business of the Ccmpany, as well as the Company, shall be deemed to be guilty of offence and shall be liable to be proceeded against and pun ished accordingly :
Provided that nothing contained in this sub section shall render any such person liable to any punishm ent, if he proves tha t the offence was committed without his knowledge or tha t he had exercised all due diligence to prevent the commis sion 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 con sent or connivance of, or is attributable to any neglect on the par t of any Director, Manager, Secretary or ether officer, then such Director, Mana ger, Secretary or officer, shall be deemed to be guilty of that offence and shall be liable to be preceded against and punished accordingly.
THE AgSAM GAZETTE, EXTRAORDINARY, SEPT. 25, 1990 797 Explanat ion ;
For the purposes of this section—
(a) “company” mean s any body corpo rat e, and includes a firm or other associat ion of ind ivi duals ; and
(b) ‘‘director ’ in relation to a firm, means a partner in the firm.
fctwn̂ uken $3. (1) No suit, prosecution or other legal pren'good fai'h.ceeding shall lie against the Sfate Government or any officer of that Government or the Gov ernment Company or other person authorised by that Go vernment Company for anything which is done or intended to be done under this Act in good fadh.
(2) No suit, prosecution or other legal pro ceedings shall lie against the State Government or aov of its officers or other employees of the Go vernm ent Company or any officer or other person authorised by the Government Company for any damage caused or likely to be caused by anything which is done or intended to be done under this Act in good faith.
SeI<?w-°sn 34-{l) The State Government may, by notifipow r8- cation, direct that all or any of the powers exer cisable by it under this Act, other than the powers conferred by section 35 may, also be exercised by such person or persons, as may be specified in the notification,
(2) Whenever any delegation of power is made under sub-section (1), the person to whom such power has been delegated shall act under the direction, control and supervision of the State Government.
35.(1) The State Government may, by notifima ernes c a |j Q n r u ieS for carrying out provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rule may provide for all or any of the following matters, namely 798 TH E AS SA M GA ZE TT E, E X T R A O R D I. n ARY, SEPT. 25, 1S<>0
(a) the time within which, and the manner in which, an intimation referred to in sub-section (2) of section 4 shall be given ;
(b) the form and the manner in which and the conditions under which, the Government Com pany shall maintain the accounts as required by section 13 ;
(c) the manner in which moneys in any provident fund or other fund referred to the section 15 shall be dealt with ;
(d) any other matter which is required to be or may be prescribed.
(3) Every rule made by the State Government under this Act, shall be laid as soon as may be after it is made, before the Assam Legislative Assembly while it is in session for a tota l period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or successive sessions aforesaid, the State Legislature agrees in making any modifica tions in the rule or the State Legislature agrees 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. Any such modification or annulment shall, however,, be with out prejudice to the validity of anything previously done under tha t rule.
power to 36. If any difficulty arises in giving effect to difficulties, tbe provisions of this Act, the State Government may# as occasion arises, by order, not inconsistent with the provisions of this Act, remove the difficulty :
Provided that no such order shall be made after expiry of a period of two years from the date on which this Act, is first published in the Official Gazette.
Repeal 37. (i) The Jogighopa (Assam) Unit of Ashok saving, paper Mills Limited ( Acquisition and Transfer of Under tak ing ) Ordinance, 1990 is HEREBY RE PEALED.
THE ASSAM GAZETTE. EXTRAORDINARY. SEPT. 25. 1990 799
(ii) NOTWITHSTANDING such repeal; any thing done or any action taken or purported to have been taken under the ordinance so repealed shall be deemed to have been done or taken under corresponding provision of this Act.
THE SCHEDULE ( See sections 9, 19, 20, 2 1, 22 and 24 ) Order of priority for the discharge of the liabilities of the Company in respect of the Under taking.
Pre-Appointed Day Management period.
CA TEGO RY : I Employees’ dues on account of unpaid salaries and wages, provident fund, Employees’ State Insu rance Contr ibution and any e thcr amounts due to employees before the date of taking over of the management of the Undertaking of the Company on the appointed day.
CATEGORY : II Secured loans ' of the Bank and Financial Institutions.
CATEGORY : III Revenue, taxes, cesses, rat s and other due to the Central and State Government and local authorities or State Electricity Board.
CATEGORY : IV Principal amount of unsecured loans advanced by Banks and Financial Institut ions, CATEGORY : V Amounts due by way of interest or, unsecured loans referred to the Category IV.
CATEGORY : VI Any other credit availed of for the purposes of carrying on any trading or manufactur ing operations and any ether dues.
K. LASKAR, Secre tary to t he Govt of Assam, Legislative Depa rtment.
GU WAH AT I—Printed & pub lish ed by the Jy Direc tor (P ), Directo rate of Ptg. and Sty., Assam, Gu whaat i— 2, (Ex-G zette) No. 303—860—50 )- 25-9 -1990’