THE TEA COMPANIES (ACQUISITION AND TRANSFER OF SICK TEA UNITS)
ACT,1985
ACT NO. 37 OF 1985
[28th May, 1985.]
An Act to provide for the acquisition and transfer of the sick tea
units specified in the First Schedule and the right, title and
interest of the tea companies in respect of the said tea units with a
view to securing proper reorganisation and management of such tea
units so as to subserve the interests of the general public by
augmenting the production and manufacture of different varieties of
tea which are essential to the needs of the economy of the country and
for matters connected therewith or incidental thereto.
WHEREAS the sick tea units specified in the First Schedule had
been engaged in the production and manufacture of different varieties
of tea;
AND WHEREAS the management of the said tea units was taken over by
the Central Government under the Tea Act, 1953 (29 of 1953);
AND WHEREAS the Central Government had invested large sums of
money with a view to making the said tea units viable;
AND WHEREAS further investment of large sums of money is
necessary for reorganising and rehabilitating the said tea units;
AND WHEREAS the acquisition by the Central Government of the said
tea units is necessary to enable it to invest such large sums of money
and to protect the large investments already made and also the
interests of the workmen employed therein by proper reorganisation and
management of the said tea units and thereby to augment the production
and manufacture of different varieties of tea which area essential to
the needs of the economy of the country;
BE it enacted by Parliament in the Thirty-sixth Year of the
Republic of India as follows:--
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title and commencement.
1. Short title and commencement. (1) This Act may be called the
Tea Companies (Acquisition and Transfer of Sick Tea Units) Act, 1985.
(2) It shall be deemed to have come into force on the 8th day of
April, 1985.
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2.
Definitions.
2. Definitions. In this Act, unless the context otherwise
requires,--
(a) "appointed day" means the date of commencement of this
Act;
(b) "Commissioner" means the Commissioner of Payments
appointed under section 13;
(c) "notification" means a notification published in the
Official Gazette;
(d) "prescribed" means prescribed by rules made under this
Act;
(e) "sick tea unit" means a tea unit, specified in column
(2) of the First Schedule, the management of which had, before
the appointed day, been taken over by the Central Government
under the Tea Act, 1953 (29 of 1953);
(f) "specified date", in relation to any provision of this
Act, means such date as the Central Government may, by
notification, specify for the purposes of that provision and
different dates may be specified for different provisions of this
Act;
(g) "tea companies" means the companies (being companies as
defined in the Companies Act, 1956 (1 of 1956). specified in
column (3) of the First Schedule;
(h) "Tea Trading Corporation" means the Tea Trading
Corporation of India Limited, a company incorporated and
registered under the Companies Act, 1956; (1 of 1956).
(i) words and expressions used herein and not defined but
defined in the Tea Act, 1953 (29 of 1953), shall have the
meanings respectively assigned to them in that Act;
(j) words and expressions used herein and not defined either
in this Act or in the Tea Act, 1953 (29 of 1953), but defined in
the Companies Act, 1956 (1 of 1956) shall have the meanings
respectively assigned to them in the Companies Act, 1956.
CHAP
ACQUISITION AND TRANSFER OF THE SICK TEA UNITS OF THE TEA COMPANIES
CHAPTER II
ACQUISITION AND TRANSFER OF THE SICK TEA UNITS OF THE TEA COMPANIES
3.
Acquisition of rights of tea companies in respect of sick tea units.
3. Acquisition of rights of tea companies in respect of sick tea
units. (1) On the appointed day, every sick tea unit and the right,
title and interest of every tea company in relation to its sick tea
units or, as the case may be, sick tea unit shall, by virtue of this
Act, stand transferred to, and vest in, the Central Government.
(2) Every sick tea unit which stands vested in the Central
Government by virtue of sub-section (1) shall, immediately after it
has so vested, stand transferred to, and vested in, the Tea Trading
Corporation.
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4.
General effect of vesting.
4. General effect of vesting. (1) Every sick tea unit shall be
deemed to include all assets, rights, lease-holds, powers, authorities
and privileges and all property, movable and immovable, including
lands, buildings, workshops, stores, instruments, machinery and
equipment, cash balances, cash on hand, reserve funds, investments,
book debts and all other rights and interests in, or arising out of,
such property as were, immediately before the appointed day, in the
ownership, possession, power or control of the tea company concerned,
whether within or outside India, and all books of account, registers
and all other documents of whatever nature relating thereto and shall
also be deemed to include the liabilities specified in sub-section (1)
of section 24.
(2) All properties as aforesaid which have vested in the Tea
Trading Corporation under sub-section (2) of section 3 shall, by force
of such vesting, be freed and discharged from any trust, obligation,
mortgage, charge, lien and all other incumbrances affecting them and
any attachment, injunction, decree or order of any court, tribunal or
other authority restricting the use of such properties in any manner
or appointing any receiver in respect of the whole or any part of such
properties shall be deemed to have been withdrawn.
(3) Every mortgagee of any property which has vested under this
Act in the Tea Trading Corporation and every person holding any
charge, lien or other interest in, or in relation to, any such
property shall give, within such time and in such manner as may be
prescribed, an intimation to the Commissioner of such mortgage,
charge, lien or other interest.
(4) For the removal of doubts, it is hereby declared that the
mortgagee of any property referred to in sub-section (3) or any other
person holding any charge, lien or other interest in, or in relation
to, any such property shall be entitled to claim, in accordance with
his rights and interests, payment of the mortgage money or other dues,
in whole or in part, out of the amounts directed to be given under
sections 6 and 7 to the tea company concerned but no such mortgage,
charge, lien or other interest shall be enforceable against any
property which has vested in the Tea Trading Corporation.
(5) Any licence or other instrument granted to a tea company in
relation to its sick tea unit which has vested in the Tea Trading
Corporation under sub-section (2) of section 3 at any time before the
appointed day and in force immediately before that day shall continue
to be in force on and after such day in accordance with its tenor in
relation to and for the purposes of such sick tea unit, and that
Corporation shall be deemed to be substituted in such licence or other
instrument as if such licence or other instrument had been granted to
such Corporation and such Corporation shall hold it for the remainder
of the period for which the tea company would have held it under the
terms thereof.
(6) If, on the appointed day, any suit, appeal or other
proceeding of whatever nature, in relation to any matter specified in
sub-section (1) of section 24, in respect of the sick tea unit of any
tea company which has vested in the Tea Trading Corporation under sub-
section (2) of section 3, instituted or preferred by or against that
company, is pending, the same shall not abate, be discontinued or be,
in any way, prejudicially
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affected by reason of the transfer of the sick tea unit of such tea
company or of anything contained in this Act, but the suit, appeal or
other proceeding may be continued, prosecuted or enforced by or
against the Tea Trading Corporation.
5.
Tea companies to be liable for certain prior liabilities.
5. Tea companies to be liable for certain prior liabilities.
Subject to the other provisions of this Act, every liability, other
than the liability specified in sub-section (1) of section 24, of a
tea company in respect of any period prior to the appointed day, shall
be the liability of that company and shall be enforceable against it
and not against the Tea Trading Corporation.
CHAP
PAYMENT OF AMOUNTS
CHAPTER III
PAYMENT OF AMOUNTS
6.
Payment of amount.
6. Payment of amount. Every tea company shall be given, by the
Central Government, for the transfer to and vesting in that Government
under sub-section (1) of section 3 of the sick tea unit or, as the
case may be, each sick tea unit of that company and the right, title
and interest of that company in relation to such sick tea unit, in
cash and in the manner specified in Chapter VI, such amount as is
specified against the name of that sick tea unit in column (4) of the
First Schedule.
7.
Payment of further amount.
7. Payment of further amount. (1) Every tea company shall be
given, by the Central Government, per annum, for the deprivation of
the management of its sick tea unit, an amount as is specified against
the name of that sick tea unit in column (5) of the First Schedule,
for the period commencing on the date on which the management of such
sick tea unit was taken over in pursuance of the order made by the
Central Government under the provisions of the Tea Act, 1953 (29 of
1953) and ending on the appointed day.
(2) Every amount specified in columns (4) and (5) of the First
Schedule shall carry simple interest at the rate of four per cent. per
annum for the period commencing on the appointed day and ending on the
date on which the payment of such amount is made by the Central
Government to the Commissioner.
(3) The amounts determined in relation to any tea company in
accordance with the provisions of sub-section (2) shall be given by
the Central Government to the tea company in addition to the amounts
specified in columns (4) and (5) of the First Schedule against that
company.
CHAP
MANAGEMENT, ETC., OF THE SICK TEA UNITS OF THE TEA COMPANIES
CHAPTER IV
MANAGEMENT, ETC., OF THE SICK TEA UNITS OF THE TEA COMPANIES
8.
Management, etc., of the sick tea units of the tea companies.
8. Management, etc., of the sick tea units of the tea companies.
The Tea Trading Corporation or any person which that Corporation may,
by order in writing, specify, shall be entitled to exercise the powers
of general superintendence, direction, control and management of the
affairs and business of a sick tea unit, the right, title and interest
of the tea company in relation to which have vested in the Corporation
under sub-section (2) of section 3, and do all such things as the tea
company of the sick tea unit is authorised to exercise and do.
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9.
Duty of persons in charge of management of the sick tea units todeliver
all assets, etc.
9. Duty of persons in charge of management of the sick tea units
to deliver all assets, etc. (1) On the vesting of the management of
the sick tea units of the tea companies in the Tea Trading
Corporation, the persons in charge of the management of such sick tea
units immediately before such vesting shall be bound to deliver to the
Tea Trading Corporation all assets, books of account, registers and
all other documents in their custody relating to such sick tea units.
(2) The Central Government may issue such directions as it may
deem desirable in the circumstances of the case to the Tea Trading
Corporation and the said Corporation may also, if it is considered
necessary so to do, apply to the Central Government at any time for
instructions as to the manner in which the management of the sick tea
units of the tea companies shall be conducted or in relation to any
other matter arising in the course of such management.
10.
Duty of persons to account for assets, etc., in their possession.
10. Duty of persons to account for assets, etc., in their
possession. (1) Any person who has, on the appointed day, in his
possession or under his control any assets, books, documents or other
papers relating to any sick tea unit owned by a tea company which has
vested in the Tea Trading Corporation under this Act shall be liable
to account for the said assets, books, documents and other papers to
the Tea Trading Corporation and shall deliver them up to that
Corporation or to such person or persons as that Corporation may
specify in this behalf.
(2) The Tea Trading Corporation may take or cause to be taken all
necessary steps for securing possession of the sick tea units of the
tea companies which have vested in that Corporation under this Act.
(3) Every tea company shall, within such period as the Tea
Trading Corporation may allow in this behalf, furnish to that
Corporation a complete inventory of all property and assets, as on the
appointed day pertaining to its sick tea unit, which have vested in
that Corporation under sub-section (2) of section 3, and for this
purpose, the Corporation shall afford to such company all reasonable
facilities.
CHAP
PROVISIONS RELATING TO EMPLOYEES OF THE TEA COMPANIES
CHAPTER V
PROVISIONS RELATING TO EMPLOYEES OF THE TEA COMPANIES
11.
Continuance of employees.
11. Continuance of employees. (1) Every person who has been,
immediately before the appointed day, employed in any sick tea unit of
any of the tea companies shall become, on and from the appointed day,
an employee of the Tea Trading Corporation and shall hold office or
service under that Corporation, with the same rights and privileges as
to pension, gratuity and other matters as would have been admissible
to him if there had been no such vesting and shall continue to do so
unless and until his employment under that Corporation is duly
terminated or until his remuneration and other conditions of service
are duly altered by that Corporation.
(2) Notwithstanding anything contained in the Industrial Disputes
Act, 1947 (14 of 1947). or in any other law for the time being in
force, the transfer of the services of any officer or other person
employed in any sick tea unit of any tea company, to the Tea Trading
Corporation, shall not entitle such officer or other employee to any
compensation under this Act or any other law for the time being in
force and no such claim shall be entertained by any court, tribunal or
other authority.
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12.
Provident fund and other funds.
12. Provident fund and other funds. (1) Where a tea company has
established a provident fund, superannuation fund, welfare fund or
other funds for the benefit of persons employed in a sick tea unit
owned by it, the monies relatable to its employees whose services have
become transferred by or under this Act to the Tea Trading Corporation
shall, out of the monies standing, on the appointed day, to the credit
of such provident fund, superannuation fund, welfare fund or other
funds, stand transferred to, and vest in, the Tea Trading Corporation.
(2) The monies which stand transferred under sub-section (1) to
the Tea Trading Corporation, shall be dealt with by that Corporation
in such manner as may be prescribed.
CHAP
COMMISSIONER OF PAYMENTS
CHAPTER VI
COMMISSIONER OF PAYMENTS
13.
Appointment of Commissioner of Payments.
13. Appointment of Commissioner of Payments. (1) The Central
Government shall, for the purpose of disbursing the amounts payable
under sections 6 and 7 to the tea companies, by notification, appoint
a Commissioner of Payments.
(2) The Central Government may appoint such other persons as it
may think fit to assist the Commissioner and thereupon the
Commissioner may authorise one or more of such persons also to
exercise all or any of the powers exercisable by him under this Act
and different persons may be authorised to exercise different powers.
(3) Any person authorised by the Commissioner to exercise any of
the powers exercisable by the Commissioner may exercise those powers
in the same manner and with the same effect as if they have been
conferred on that person directly by this Act and not by way of
authorisation.
(4) The salaries and allowances of the Commissioner and other
persons appointed under this section shall be defrayed out of the
Consolidated Fund of India.
14.
Payment by the Central Government to the Commissioner.
14. Payment by the Central Government to the Commissioner. (1)
The Central Government shall, within thirty days from the specified
date, pay in cash to the Commissioner, for payment to every tea
company,--
(a) an amount equal to the amounts or amount specified
against the name of that company in column (4) of the First
Schedule; and
(b) a further amount equal to the amounts or amount
specified against the name of that company in column (5) of the
First Schedule.
(2) A deposit account shall be opened by the Central Government
in favour of the Commissioner in the Public Account of India, and
every amount paid under this Act to the Commissioner shall be
deposited by him to the credit of the said deposit account and the
said deposit account shall be operated by the Commissioner.
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(3) Separate records shall be maintained by the Commissioner in
respect of each of the tea companies in relation to which payment has
been made to him under this Act.
(4) Interest accruing on the amount in relation to a tea company
standing to the credit of the deposit account referred to in sub-
section (2) shall enure to the benefit of such tea company.
15.
Certain powers of the Tea Trading Corporation.
15. Certain powers of the Tea Trading Corporation. (1) The Tea
Trading Corporation shall be entitled to receive, up to the specified
date, to the exclusion of all other persons, any money due to any tea
company in relation to its sick tea unit which has vested in the
Corporation under sub-section (2) of section 3, and realised after the
appointed day, notwithstanding that the realisation pertains to a
period prior to the appointed day.
(2) The Tea Trading Corporation may make a claim to the
Commissioner with regard to every payment made by that Corporation,
after the appointed day, for discharging any liability of a tea
company, not being any liability specified in sub-section (1) of
section 24, in relation to any sick tea unit owned by it in respect of
any period prior to the appointed day; and every such claim shall have
priority, in accordance with the priorities attaching under this Act
to the matter in relation to which such liability has been discharged
by the Tea Trading Corporation.
(3) Save as otherwise provided in this Act, the liabilities of a
tea company in relation to any sick tea unit owned by it in respect of
any transaction prior to the appointed day, which have not been
discharged on or before the specified date, shall be the liabilities
of that company.
16.
Claims to be made to the Commissioner.
16. Claims to be made to the Commissioner. [(1)] 1* Every person
having a claim against a tea company with regard to any of the matters
specified in the Second Schedule, pertaining to any sick tea unit
owned by it, shall prefer such claim before the Commissioner within
thirty days from the specified date:
Provided that if the Commissioner is satisfied that the claimant
was prevented by sufficient cause from preferring the claim within the
said period of thirty days, he may entertain the claim within a
further period of thirty days, but not thereafter.
2*[(2) Notwithstanding anything contained in sub-section (1),
all the claims preferred before the Commissioner after the period or
the further period specified in that sub-section but on or before the
27th day of July, 1989, shall be deemed to have been validly
preferred.]
17.
Priority of claims.
17. Priority of claims. The claims made under section 16 shall
have priorities in accordance with the following principles, namely:--
(a) Category I shall have precedence over all other
categories and Category II shall have precedence over Category
III, and so on;
(b) the claims specified in each of the categories shall
rank equally and be paid in full, but if the amount paid to the
Commissioner under this Act is insufficient to meet such claims
in full, they shall abate in equal proportions and be paid
accordingly; and
(c) the question of discharging any liability with regard to
a matter specified in a lower category shall arise only if a
surplus is left after meeting all the liabilities specified in
the immediately higher category.
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1. Re-numbered by Act 56 of 1991, S. 2
2. Ins. by s. 2 ibid.
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18.
Examination of claims.
18. Examination of claims. (1) On receipt of the claims made
under section 16, the Commissioner shall arrange the claims in the
order of priorities specified in the Second Schedule and examine the
same in accordance with such order.
(2) If on an examination of the claims against a tea company, the
Commissioner is of the opinion that the amount paid to him under this
Act for payment to such company is not sufficient to meet the
liabilities specified in any lower category, he shall not be required
to examine any claim in respect of such lower category.
19.
Admission or rejection of claims.
19. Admission or rejection of claims. (1) After examining the
claims against a tea company, with reference to the priorities set out
in the Second Schedule, the Commissioner shall fix a date on or before
which every claimant against the tea company shall file the proof of
his claim.
(2) Not less than fourteen days' notice of the date so fixed
shall be given by advertisement in one issue of any daily newspaper in
the English language having circulation in the major parts of the
country and one issue of any daily newspaper in such regional language
as the Commissioner may consider suitable, and every such notice shall
call upon the claimant to file the proof of his claim with the
Commissioner within the period specified in the advertisement.
(3) Every claimant who fails to file the proof of his claim
within the period specified by the Commissioner shall be excluded from
the disbursements made by the Commissioner.
(4) The Commissioner shall, after such investigation as may, in
his opinion, be necessary and after giving the tea company concerned
an opportunity of refuting the claim and after giving the claimant a
reasonable opportunity of being heard, by order in writing, admit or
reject the claim in whole or in part.
(5) The Commissioner shall have the power to regulate his own
procedure in all matters arising out of the discharge of his
functions, including the place or places at which he may hold his
sittings and shall, for the purpose of making any investigation under
this Act, have the same powers as are vested in a Civil Court under
the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in
respect of the following matters, namely:--
(a) the summoning and enforcing the attendance of any
witness and examining him on oath;
(b) the discovery and production of any document or other
material object producible as evidence;
(c) the reception of evidence on affidavit;
(d) the issuing of any commission for the examination of
witnesses.
(6) Any investigation before the Commissioner shall be deemed to
be a judicial proceeding within the meaning of sections 193 and 228 of
the Indian Penal Code (45 of 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 (2 of 1974).
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(7) A claimant who is dissatisfied with the decision of the
Commissioner may prefer an appeal against such decision to the High
Court within the local limits of whose jurisdiction the registered
office of the tea company concerned is situated and every such appeal
shall be heard and disposed of by not less than two Judges of that
High Court.
20.
Disbursement of money by the Commissioner.
20. Disbursement of money by the Commissioner. After admitting a
claim against a tea company under this Act, the amount due in respect
of such claim shall be paid by the Commissioner to the person or
persons to whom such amount is due and on such payment, the liability
of such tea company in respect of such claim shall stand discharged.
21.
Disbursement of amounts to the tea companies.
21. Disbursement of amounts to the tea companies. (1) If out of
the monies paid to him in relation to a tea company, there is a
balance left after meeting the liabilities as specified in the Second
Schedule, the Commissioner shall disburse such balance to such tea
company.
(2) Where the possession of any machinery, equipment or other
property possessed by a tea company has vested in the Tea Trading
Corporation under this Act but such machinery, equipment or other
property does not belong to such tea company, it shall be lawful for
that Corporation to continue to possess such machinery or equipment or
other property on the same terms and conditions under which they were
possessed by such tea company immediately before the appointed day.
22.
Undisbursed or unclaimed amounts to be deposited with the generalrevenue
account.
22. Undisbursed or unclaimed amounts to be deposited with the
general revenue account. Any money paid to the Commissioner which
remains undisbursed or unclaimed on the date immediately preceding the
date on which the office of the Commissioner is finally wound up,
shall be transferred by the Commissioner, before his office is finally
wound up, to the general revenue account of the Central Government,
but a claim to any money so transferred may be preferred to the
Central Government by the person entitled to such payment and shall be
dealt with as if such transfer had not been made, and the order, if
any, for payment of the claim being treated as an order for the refund
of revenue.
CHAP
MISCELLANEOUS
CHAPTER VII
MISCELLANEOUS
23.
Act to have overriding effect.
23. Act to have overriding effect. The provisions of this Act
shall have effect notwithstanding anything inconsistent therewith
contained in any other law for the time being in force or in any
instrument having effect by virtue of any law, other than this Act, or
in any decree or order of any court, tribunal or other authority.
24.
Assumption of liability.
24. Assumption of liability. (1) Where any liability of a tea
company arising out of any item specified in Category I of the Second
Schedule is not discharged fully by the Commissioner out of the
amounts paid to him under this Act, the Commissioner shall intimate in
writing to the Central Government the extent of the liability which
remains undischarged and that liability shall be assumed by the
Central Government.
(2) The Central Government may, by order, direct the Tea Trading
Corporation to take over the liability assumed by the Central
Government under sub-section (1), and on receipt of such direction, it
shall be the duty of that Corporation to discharge such liability.
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25.
Management to continue to vest in certain persons until
alternativearrangements have been made.
25. Management to continue to vest in certain persons until
alternative arrangements have been made. Notwithstanding the vesting
under this Act of a sick tea unit of any tea company in the Tea
Trading Corporation--
(a) any person who has been managing the affairs of such
sick tea unit before the date on which that unit had so vested
shall, until alternative arrangements have been made by the Tea
Trading Corporation for the management of such unit, continue to
manage the affairs of the unit, as if such person had been
authorised by the Tea Trading Corporation, to manage such unit;
(b) such person shall, until alternative arrangements have
been made by the Tea Trading Corporation, continue to be
authorised to operate, in relation to the sick tea unit of such
tea company, any account of such unit in any bank as if he had
been authorised by the Tea Trading Corporation to operate such
account.
26.
contracts to cease to have effect unless ratified by the Tea
TradingCorporation.
26. contracts to cease to have effect unless ratified by the Tea
Trading Corporation. Every contract entered into by any tea company in
relation to any sick tea unit owned by it which has vested in the Tea
Trading Corporation under sub-section (2) of section 3, for any
service, sale or supply and in force immediately before the appointed
day, shall, on and from the expiry of a period of one hundred and
eighty days from the appointed day, cease to have effect unless such
contract is, before the expiry of that period, ratified in writing by
the Tea Trading Corporation, and in ratifying such contract, the Tea
Trading Corporation may make such alterations or modifications therein
as it may think fit:
Provided that the Tea Trading Corporation shall not omit to
ratify a contract and shall not make any alteration or modification in
a contract--
(a) unless it is satisfied that such contract is unduly
onerous or has been entered into in bad faith or is detrimental
to the interests of the Tea Trading Corporation; and
(b) except after giving the parties to the contract a
reasonable opportunity of being heard and except after recording
in writing its reasons for refusal to ratify the contract or for
making any alteration or modification therein.
27.
Penalties.
27. Penalties. Any person who,--
(a) having in his possession, custody or control any
property forming part of a sick tea unit owned by any tea company
wrongfully withholds such property from the Tea Trading
Corporation; or
(b) wrongfully obtains possession of, or retains any
property forming part of, a sick tea unit owned by any tea
company; or
(c) wilfully withholds or fails to furnish to the Tea
Trading Corporation or any person or body of persons specified by
that Corporation, any document or inventory relating to a sick
tea unit owned by any tea company, which may be in his
possession, custody or control; or
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(d) fails to deliver to the Tea Trading Corporation or any
person or body of persons specified by that Corporation, any
assets, books of account, registers or other documents in his
possession, custody or control relating to a sick tea unit owned
by any tea company; or
(e) wrongfully removes or destroys any property forming part
of a sick tea unit owned by any tea company or prefers any claim
under this Act which he knows or has reason to believe to be
false or grossly inaccurate, shall be punishable with
imprisonment for a term which may extend to two years and also
with fine which may extend to ten thousand rupees.
28.
Offences by companies.
28. Offences by companies. (1) Where an offence punishable under
this Act has been committed by a company, every person who, at the
time the offence was committed, was in charge of, and was responsible
to, the company for the conduct of the business of the company, as
well as the company, shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render
any such person liable to any punishment, if he proves that the
offence was committed without his knowledge or that he had exercised
all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where
any offence under this Act has been committed by a company and it is
proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any
director, manager, secretary or other officer shall be deemed to be
guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
Explanation.--For the purposes of this section--
(a) "company" means any body corporate and includes a firm
or other association of individuals; and
(b) "director", in relation to a firm, means a partner in
the firm.
29.
Protection of action taken in good faith.
29. Protection of action taken in good faith. (1) No suit,
prosecution or other legal proceeding shall lie against the Central
Government or any officer of that Government or the Tea Trading
Corporation or other person authorised by that Government or
Corporation for anything which is in good faith done or intended to be
done under this Act.
(2) No suit or other legal proceeding shall lie against the
Central Government or any of its officers or other employees or the
Tea Trading Corporation or any officer or other person authorised by
that Corporation for any damage caused or likely to be caused for
anything which is in good faith done or intended to be done under this
Act.
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30.
Tea companies not to be wound up by the court.
30. Tea companies not to be wound up by the court. No proceeding
for the winding up of a tea company, the right, title and interest in
relation to a sick tea unit owned by which have vested in the Tea
Trading Corporation under this Act or for the appointment of a
receiver in respect of the business of the sick tea unit shall lie or
be proceeded with in any court except with the consent of the Central
Government.
31.
Delegation of powers.
31. Delegation of powers. (1) The Central Government may, by
notification, direct that all or any of the powers exercisable by it
under this Act, other than the powers conferred by this section and
section 32 and 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
(1), the person to whom such power has been delegated shall act under
the direction, control and supervision of the Central Government.
32.
Power to make rules.
32. Power to make rules. (1) The Central 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 manner in which the monies in any provident fund or
other fund, referred to in sub-section (2) of section 12, shall
be dealt with;
(c) any other matter which is required to be, or may be,
prescribed.
(3) Every rule made by the Central Government under this Act
shall be laid, as soon as may be after it is made, before each House
of Parliament, 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, both Houses agree in making any modification in the rule or
both Houses agree 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.
Power to remove difficulties.
33. Power to remove difficulties. If any difficulty arises in
giving effect to the provisions of this Act, the Central 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.
34.
Repeal and saving.
34. Repeal and saving. (1) The Tea Companies (Acquisition and
Transfer of Sick Tea Units) Ordinance, 1985 (3 of 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.
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