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Section 20

The Bhaskar Textile Mills (Acquisition and Transfer) Act, 1986State Act of Odisha · Act 4 of 1986

(1) After examining the claims with reference to priority set out in the Schedule, the Commissioner shall fix a certain date on or before which every claimant shall, file the proof of his claim or be excluded from the benefit of disbursement made by the Commissioner.

(2) Not less than fourteen days notice of, the date so fixed shall be given by advertisement in one issue of the daily newspaper in the English language and one issue of the daily newspaper in the regional language as the Commissioner may consider, suitable and every such notice shall call upon the claimant to file the proof of the claim with the Commissioner within the time specified in the advertisement.

(3) Every claimant who fails to file the proof of his claim within the time specified by the Commissioner shall be excluded from the disbursements made by the Commissioner.

(4) The Commissioner shall, after such investigations, as may in his opinion be necessary and after giving the owner of the textile undertaking an opportunity of refuting the claim and after giving the claimant a reasonable opportunity of Priority of claims Examination of claims.

Admission or rejection of claims 9 being heard, in writing, admit or reject the claim in whole or in part.

(5) The Commissioner shall have the same powers as are conferred on the Commission in sub-section (5) of section 14 in the matter of regulating his own procedure and making any investigation for discharge of the functions conferred on him.

(6) An investigation before the Commissioner shall be deemed to be the judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 and the Commissioner shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure,

1973.

(7) A claimant who is dissatisfied with the decision of the Commissioner may prefer an appeal against that decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the textile undertaking is situated:

Provided that where a person who is a judge of the , High Court is appointed to be the Commissioner, such appeal shall lie to the High Court for the State and it shall be heard and disposed of by not less than two other judges of the High Court.

21. After admitting a claim under this Act, the amount due in respect of such claim shall be 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 owner in respect of such claim shall stand discharged.

Where this provision sits

ActThe Bhaskar Textile Mills (Acquisition and Transfer) Act, 1986
Section20
JurisdictionState of Odisha
StatusIn force as published by the source

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