Registered No. WB/SC-247 No. WB(Part-III)/2005/SAR-16 Frye 'Ada agtte Extraordinary Published by Authority BHADRA 14] MONDAY, SEPTEMBER 5, 2005 [SAKA 1927
PART III—Acts of the West Bengal Legislature.
GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 2129-L.-5th September, 2005.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:— West Bengal Act XXIII of 2005 THE APOLLO ZIPPER COMPANY (PRIVATE) LIMITED (ACQUISITION AND TRANSFER OF UNDERTAKINGS) (AMENDMENT) ACT, 2005.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 5th September, 2005.]
An Act to amend the Apollo Zipper Company (Private) Limited (Acquisition and Transfer of Undertakings) Act, 1996.
WHEREAS it is expedient to amend the Apollo Zipper Company (Private) Limited (Acquisition and Transfer of Undertakings) Act, 1996, for the purposes and in the manner hereinafter appearing;
It is hereby enacted in the Fifty-sixth Year of the Republic of India, by the Legislature of West Bengal, as follows:— West Ben. Act XIV of 1996.
Short title and commencement. 1. (1) This Act may be called the Apollo Zipper Company (Private) Limited (Acquisition and Transfer of Undertakings) (Amendment) Act, 2005.
2 THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 5, 2005 [PART III The Apollo Zipper Company (Private) Limited (Acquisition and Transfer of Undertakings) (Amendment) Act, 2005.
(Sections 2-5.)
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
Amendment of section 2.
Insertion of new section 7A.
2. In the Apollo Zipper Company (Private) Limited (Acquisition and Transfer of Undertakings) Act, 1996 (hereinafter referred to as the principal Act), for the words "Government company", wherever they occur, the word "company" shall be substituted.
3. In the principal Act, for the fifth paragraph to the preamble, the following paragraph shall be substituted:— "AND WHEREAS for the purpose of reconstructing and rehabilitating the undertakings of the Apollo Zipper Company (Private) Limited, it is necessary to acquire the undertakings of the Company and empower the Government to subsequently transfer the right, title and interest of the Company in relation to its undertakings to a new or an existing company;".
4. In section 2 of the principal Act,—
(1) after clause (e), the following clause shall be inserted:— `(ea) "New Company" means the existing or new company referred to in section 6 or section 7, as may be applicable;';
(2) after clause (f), the following clauses shall be inserted:— `(fa) "New Notification" means the notification referred to in subsection (1) of section 7A;
(fb) "New Undertaking" means the properties, both movable and immovable, cash balance, reserve funds and other assets of, or in the ownership or control of the New Company, immediately before the New Vesting Date, and all books of accounts, registers and all other documents relating thereto;
(fc) "New Vesting Date" means the date on which the New Undertaking vests in the State Government in accordance with the provisions of section 7A;'.
5. After section 7 of the principal Act, the following section shall be inserted:—
7A. (1) Notwithstanding anything stated in this Act, the State Government may, by a New Notification published in the Official Gazette, direct that the New Undertaking, or part thereof, be acquired by the State Government and may consequently vest in the State Government.
(2) The New Notification referred to in sub-section (1) shall inter alia provide that on and from the New Vesting Date,—
(a) the rights and liabilities of the New Company for the period immediately before the New Vesting Date, whether arising on the New Vesting Date or otherwise, and the control and management of the affairs and business of the New Undertaking, shall be deemed to vest in the State Government;
(b) all persons in charge of the management of the New Undertaking, immediately prior to the New Vesting Date, shall be bound to account for and deliver to such person or persons as the State Government may designate in this regard, all documents in their custody relating to the New Undertaking;
Substitution of word "company" for words "Government company" in West Ben. Act XIV of
1996.
Amendment of preamble.
"Power of State Government to acquire New Undertaking.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 5, 2005 3 The Apollo Zipper Company (Private) Limited (Acquisition and Transfer of Undertakings) (Amendment) Act, 2005.
(Section 5.)
(c) every employee of the New Company on the New Vesting Date, shall become an employee of the State Government and shall hold office or service under the State Government, with the same rights and privileges as to pension, gratuity and other matters, as if there had been no vesting or transfer, and shall continue to do so until his employment under the State Government is duly terminated or until his remuneration and other conditions of service are duly altered by the State Government;
(d) all legal or other proceedings of whatever nature, relating to the New Undertaking, instituted or to be instituted against the New Company in relation to the period prior to the New Vesting Date may be instituted, continued, prosecuted or enforced by or against the State Government;
(e) any license or other instrument granted to or transferred in favour of the New Company, and in force immediately before the New Vesting Date, shall be deemed to have been transferred to the State Government for the remainder of the period for which the Company would have held it had there been no vesting of the New Undertaking:
Provided that the New Notification may provide for all other necessary matters for securing the possession of the New Undertaking and all matters incidental or connected thereto.".
By order of the Governor, MD. HESAMUDDIN, Secy.-in-charge to the Govt. of West Bengal, Law Department.
Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd.
(Government of West Bengal Enterprise), Kolkata 700 056 Page 1 Page 2 Page 3