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Section 32

The Britannia Engineering Company Limited ( Titagarh Unit ) ( Acquisition And Transfer Of Undertakings ) Act, 1984State Act of West Bengal · Act 43 of 1984

(1) The State Government may, by notification, make rules for carrying 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 (3) of section 4 shall be given;

(b) the form and the manner in which, and the conditions under which, the Custodian or Custodians shall maintain accounts as required by section 12;

(c) the manner in which moneys in any provident fund or other fund referred to in section 14 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 State Legislature, while it is in session, for a total 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 the successive sessions aforesaid, the State Legislature agrees in making 308 The Britannia Engineering Company Limited (Titagarh Unit) (Acquisition and Transfer of Undertakings) Act, 1984.

XLIII of 1984.]

(Chapter VIL—Miscellaneous.—Section 33 and Schedule.)

any modifications 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; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

33. If any difficulty arises in giving effect to the provisions of this Act, the State 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 date of publication of this Act in the Official Gazette.

THE SCHEDULE (See sections 19, 20, 21 and 23.)

Order of priorities for the discharge of the liabilities of the Company.

Pre-take-over period Category I—

(a) Wages, salaries and other dues payable to the employees by the Company.

(b) Deductions made from the salaries and wages of the employees for provident fund, the Employees' State Insurance Fund and premium relating to the Life Insurance Corporation of India.

(c) Arrears in relation to contributions to be made by the Company to provident fund, the Employees' State Insurance Fund, premium relating to the Life Insurance Corporation of India and any other arrear under any law for the time being in force.

Category II— Principal amount of secured loans advanced by banks and financial institutions.

Category III— Amounts due by way of interest on secured loans referred to in Category II.

Category IV— Revenue, taxes, cesses, rates and other dues to the Central and State Government and local authorities or State Electricity Board.

Power to remove difficulties.

309 The Britannia Engineering Company Limited (Titagarh Unit) (Acquisition and Transfer of Undertakings) Act, 1984.

[West Ben. Act XLIII of 1984.1 (The Schedule.)

Category V— Principal amount of unsecured loans advanced by banks and financial institutions.

Category VI— Amount due by way of interest on unsecured loans referred to in Category V.

Category VII— Any other credit availed of for purposes of trade or manufacturing operations and any other dues.

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Where this provision sits

ActThe Britannia Engineering Company Limited ( Titagarh Unit ) ( Acquisition And Transfer Of Undertakings ) Act, 1984
Section32
JurisdictionState of West Bengal
StatusIn force as published by the source

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