(1) The Government may, by notification, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: --
(a) the time within which and the manner in which an intimation referred to in sub-section (4) of section 4, shall be given;
(b) any other matter which is required to be, or may be prescribed.
(3) The power to make rules conferred by this section shall be subject to the condition of the rules being made after previous publication.
(4) All rules made under this section shall be laid for not less than thirty days before the Legislative Assembly of Puducherry as soon as possible after they are made and be subject to rescission by the Legislative Assembly or to such modification as the Legislative Assembly may make during the session in which they are so laid or the session immediately following.
Power to remove difficulties
31. If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the appointed day.
Declaration as to the policy of the State
32. It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in clause (b) of article 39 of the Constitution.
Explanation. – In this section, "the state" has the same meaning as in article 12 of the Constitution.
254 Repeal and saving
33.(1) The Anglo-French Textiles Limited (Acquisition and Transfer of Textile Undertaking) Ordinance, 1985, is hereby repealed.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 under the corresponding provisions of this Act.
THE FIRST SCHEDULE [See sections 7 and 13] Sl. Name of the Name of the Amount No. Undertaking owner
(1) (2) (3) (4)
1. Anglo-French Anglo-French 7,65,00,000 Textiles Limited, Textiles Limited, Puducherry. Puducherry.
THE SECOND SCHEDULE [See sections 7(a), 11(a) (b), 16, 17, 18 and 20] Order of priorities for the discharge of liabilities in respect of the textile undertaking CATEGORY—I
(i) All dues including gratuity of persons employed in the textile undertaking;
(ii) Arrears relating to contributions towards Provident Fund and contributions under the Employees’ State Insurance Act, 1948, payable by the owner;
(iii) Arrears of excise duty, sales-tax, dues relating to electricity and dues of a Local Authority.
CATEGORY—II Secured creditors including banks and institutions.
CATEGORY—III
(i) Sundry Creditors;
(ii) Other liabilities.
______ 255 STATEMENT OF OBJECTS AND REASONS FOR ACT NO.7 OF 1986 The Anglo-French Textile Limited, Puducherry had remained closed from the first week of July, 1983. Various attempts and efforts made by the Puducherry Administration and the Government of India (Ministry of Textiles) in collaboration with the Financial Institutions like Industrial Development Bank of India, United Commercial Bank, etc., to reopen the Mills through the existing management or by inducting new management could not succeed. Also certain Banks who had advanced large sums of money to the Company owning the mills with a view to making the mills viable were unwilling to make any further advances. Further investments of very large sum of money was necessary for reorganizing and rehabilitating the said mills and thereby to protect the interest of the workmen employed therein and to augment the production of cloth yarn ensuring credit line and in the largest interest of the people of Puducherry. It was therefore decided to acquire and transfer the right, title and interest of the Anglo-French Textiles Limited by the Government of Puducherry.
In order to achieve the above objects and in order to give effect to the policy of the State towards securing the principles specified in clause (b) of article 39 of the Constitution, the Anglo-French Textile Limited (Acquisition and Transfer of Textile Undertaking) Ordinance, 1985 was promulgated by the Administrator, Puducherry on the 24th December, 1985 under article 239 B of the Constitution.
The said Ordinance, apart from providing for the acquisition and transfer of the textile undertaking of the Company, provided for the payment of an amount for such acquisition, appointment of a Commissioner of payments for the purpose of disbursing the amounts payable to the Company, and for other incidental and consequential matters.
This Bill seeks to replace the aforesaid ordinance.
______