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Section 31

The Gluconate Limited ( Acquisition And Transfer Of Undertakings ) Act, 1986State Act of West Bengal · Act 28 of 1986

(1) The State Government may, by notification, direct that all or any of the powers exercisable by it under this Act, other than the power conferred by this section or section 32 or section 33, 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 (I), the person to whom such power has been delegated shall act under the direction, control and supervision of the State Government.

Protection of action taken in.

good faith.

Delegation of powers.

32. ( I) The State Government may, by notification, make rules for Power to carrying out the provisions of this Act. make rules.

(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.

167 Power to remove difficulties.

The Gluconate Limited (Acquisition and Transfer of Undertakings) Act, 1986.

[West Ben. Act (Chapter VIL—Miscellaneous.—Section 33.—The Schedule.—Order of priorities for the discharge of the liabilities of the Company.)

(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 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 1—

(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 an-ear under any law for the time being in force.

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

168 The Gluconate Limited (Acquisition and Transfer of Undertakings) Act, 1986.

XXVIII of 1986.]

(The Schedule.—Order of priorities for the discharge of the liabilities of the Company.)

Category 111— Principal amount of unsecured loans advanced by banks and financial institutions.

Category IV— Amounts due by way of interest on unsecured loans referred to in Category III.

Category V— 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 Gluconate Limited ( Acquisition And Transfer Of Undertakings ) Act, 1986
Section31
JurisdictionState of West Bengal
StatusIn force as published by the source

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