TEA COMPANIES (ACQUISITION AND TRANSFER OF SICK TEA UNITS) ACT 1985
EmailTHE 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 teaunits specified in the First Schedule and The right, title and interest of thetea companies in respect of the said tea units with a view to securing Properreorganisation and management of such tea units so as to sub serve theinterests of the general public by augmenting the production and manufacture ofdifferent varieties of tea which are essential to the needs of the economy ofthe country and for matters connected therewith or incidental thereto.
WHEREAS the sick tea unitsspecified in the First Schedule had been engaged in the production andmanufacture of different varieties of tea;
AND WHEREAS the management ofthe said tea units was taken over by the Central Government under the Tea Act,1953; (29 of 1953)
AND WHEREAS the CentralGovernment had invested large sums of money with a view to making the said teaunits viable;
AND WHEREAS further investmentof large sums of money is necessary for reorganising and rehabilitating thesaid tea units;
AND WHEREAS the acquisition bythe Central Government of the said tea units is necessary to enable it toinvest such large sums of money and to protect the large investments alreadymade and also the interests of the workmen employed therein by properreorganisation and management of the said tea units and thereby to augment theproduction and manufacture of different varieties of tea which are essential tothe needs of the economy of the country;
BE it enacted by Parliament inthe Thirty-sixth Year of the Republicof India as follows: –
CHAPTER I
PRELIMINARY
1.Short Title and commencement:(1) This Act may be called theTea Companies (Acquisition and Transfer of Sick Tea Units) Act, 1985.
(2) It shall be deemed to havecome into force on the 8th day of April, 1985.
2.Definitions: In this Act, unless the contextotherwise 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 rues made under this Act;
(e) "sick tea unit"means a tea unit, specified in column (2) of the First Schedule, the managementof which had, before the appointed day, been taken over by the CentralGovernment under the Tea Act, 1953, 29 of 1953; (29 of 1953)
(f) "specified date",in relation to any provision of this Act, means such date as the CentralGovernment may, by notification, specify for the purposes of that provision anddifferent 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) (1of 1956) specified in column (3) of the First Schedule;
(h) "Tea TradingCorporation" means the Tea Trading Corporation of India Limited, a companyincorporated and registered under the Companies Act, 1956; (1 of 1956)
(i) words and expressions usedherein and not defined but defined in the Tea Act, 1953, (29 of 1953) shallhave the meanings respectively assigned to them in that Act;29 of 1953,
(j) words and expressions usedherein and not defined either in this Act or in the Tea Act, 1953, (29 of 1953)but defined in the Companies Act , 1956, (1of 1956) shall have the meaningsrespectively assigned to them in the Companies Act, 1956, (1of 1956)
CHAPTER II
ACQUISITION AND TRANSFER OF THE SICK TEA UNITS OF THE TEACOMPANIES
3.Acquisition of rights of teacompanies in respect of sick tea units: (1) On the appointed day, every sick tea unit andthe right, title and interest of every tea company in relation to its sick teaunits or, as the case may be, sick tea unit shall, by virtue of this Act, standtransferred to, and vest in, the Central Government.
(2) Every sick tea unit whichstands vested in the Central Government by virtue of sub-section (1) shall,immediately after it has so vested, stand transferred to, and vested in, theTea Trading Corporation.
4.General effect of vesting: (1) Every sick tea unit shallbe deemed to include all assets, rights, lease-holds, powers, authorities andprivileges and all property, movable and immovable, including lands, buildings,workshops, stores, instruments, machinery and equipment, cash balances, cash onhand, reserve funds, investments, book debts and all other rights and interestsin, or arising out of, such property as were, immediately before the appointedday , in the ownership, possession, power or control of the tea companyconcerned, whether within or outside India, and all books of account, registersand all other documents of whatever nature relating thereto and shall also bedeemed to include the liabilities specified in sub-section (1) section 24.
(2) All properties as aforesaidwhich have vested in the Tea Trading Corporation under sub-section (2) ofsection 3 shall, by force of such vesting, be freed and discharged from anytrust, obligation, mortgage, charge, lien and all other encumbrances affectingthem and any attachment, injunction, decree or order of any court, tribunal orother authority restricting the use of such properties in any manner orappointing any receiver in respect of the whole or any part of such propertiesshall be deemed to have been withdrawn.
(3) Every mortgage of anyproperty which has vested under this Act in the Tea Trading Corporation andevery person holding any charge, lien or other interest in, or relation to, anysuch property shall give, within such time and in such manner as may beprescribed, an intimation to the Commissioner of such mortgage, charge, lien orother interest.
(4) For the removal of doubts,it is hereby declared that the mortgagee of any property referred to insub-section (3) or any other person holding any charge, lien or other interestin, or in relation to, any such property shall be entitled to claim, inaccordance with his rights and interests, payment of the mortgage money orother dues, in whole or in part, out of the amounts directed to be given undersections 6 and 7 to the tea company concerned but no such mortgage, charge,lien or other interest shall be enforceable against any property which hasvested in the Tea Trading Corporation.
(5) Any licence or otherinstrument granted to a tea company in relation to its sick tea unit which hasvested in the Tea Trading Corporation under sub-section (2) of section 3 at anytime before the appointed day and in force immediately before that day shallcontinue to be in force or and after such day in accordance with its tenor inrelation to and for the purposes of such sick tea unit, and that Corporationshall be deemed to be substituted in such licence or other instrument as ifsuch licence or other instrument had been granted to such Corporation and suchCorporation shall hold it for the remainder of the period for which the teacompany 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 anymatter specified in sub-section (1) of section 24, in respect of the sick teaunit of any tea company which has vested in the Tea Trading Corporation undersub-section (2) of section 3, instituted or preferred by or against thatcompany, is pending, the same shall not abate, be discontinued or be, in anyway, prejudicially affected by reason of the transfer of the sick tea unit ofsuch tea company or of anything contained in this Act, but the suit, appeal orother proceeding may be continued, prosecuted or enforced by or against the TeaTrading Corporation.
5.Tea companies to be liablefor certain prior: Subject to the other provisions of this Act, every liability,other than the liability specified in sub-section (1) of section 24, of a teacompany in respect of any period prior to the appointed day, shall be theliability of that company and shall be enforceable against it and not againstthe Tea Trading Corporation.
CHAPTER III
PAYMENTS OF AMOUNTS
6.Payment of amount: Every tea company shall begiven, by the Central Government, for the transfer to and vesting in thatGovernment under sub-section (1) of section 3 of the sick tea unit or, as thecase may be, each sick tea unit of that company and the right, title and interestof that company in relation to such sick tea unit, in case and in the mannerspecified in Chapter IV, such amount as is specified against the name of thatsick tea unit in column (4) of the First Schedule.
7.Payment of further amount: (1) Every tea company shall begiven, by the Central Government, per annum, for the deprivation of themanagement of its sick tea unit, an amount as is specified against the name ofthat sick tea unit in column (5) of the First Schedule, for the periodcommencing on the date on which the management of such sick tea unit was takenover in pursuance of the order made by the Central Government under theprovisions of the Tea Act, 1953, (29 of 1953) and ending on the appointed day.
(2) Every amount specified incolumns (4) and (5) of the First Schedule shall carry simple interest at therate of four percent per annum for the period commencing on the appointed dayand ending on the date on which the payment of such amount is made by theCentral Government to the Commissioner.
(3) The amount determined inrelation 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 tothe amounts specified in columns (4) and (5) of the First Schedule against thatcompany.
CHAPTER IV
MANAGEMENT, ETC. OF THE SICK TEA UNITS OF THE TEA COMPANIES
8.Management etc. of the sicktea units of the tea companies: The Tea Trading Corporation or any person which that Corporationmay, by order in writing, specify. Shall be entitled to exercise the powers ofgeneral superintendence, direction, control and management of the affairs andbusiness of a sick tea unit, the right, title and interest of the tea companyin relation to which have vested in the Corporation under sub-section (2) ofsection 3 and do all such things as the tea company of the sick tea unit isauthorised to exercise and do.
9.Duty of persons in charge ofmanagement of the sick tea units to delivery all assets, etc: (1) On the vesting of the managementof the sick tea units of the tea companies in the Tea Trading Corporation, thepersons in charge of the management of such sick tea units immediately beforesuch vesting shall be bound to deliver to the Tea Trading Corporation allassets, books of account, registers and all other documents in their custodyrelating to such sick tea units.
(2) The Central Government mayissue such directions as it may deem desirable in the circumstances of the caseto the Tea Trading Corporation and the said Corporation may also, if it isconsidered necessary so to do, apply to the Central Government at any time forinstructions as to the manner in which the management of the sick tea units ofthe tea companies shall be conducted or in relation to any other matter arisingin the course of such management.
10.Duty of persons to accountfor assets, etc. in their possession: (1)Any person who has, on the appointed day, in hispossession or under his control any assets, books, documents or other papersrelating to any sick tea unit owned by a tea company which has vested in theTea Trading Corporation under this Act shall be liable to account for the saidassets, books, documents and other papers to the Tea Trading Corporation andshall deliver them up to that Corporation or to such person or persons as thatCorporation may specify in this behalf.
(2) The Tea Trading Corporationmay take or cause to be taken all necessary steps for securing possession ofthe sick tea units of the tea companies which have vested in that Corporationunder 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, ason the appointed day pertaining to its sick tea unit, which have vested in thatCorporation under sub-section (2) of section 3, and for this purpose, theCorporation shall afford to such company all reasonable facilities.
CHAPTER V
PROVISIONS RELATING TO EMPLOYEES OF THE TEA COMPANIES
11.Continuance of employees: (1) Every person who has been,immediately before appointed day, employed in any sick tea unit of any of thetea companies shall become, on and from the appointed day, an employee of theTea Trading Corporation and shall hold office or service under thatCorporation, with the same rights and privileges as to pension , gratuity andother matters as would have been admissible to him if there had been no suchvesting and shall continue to do so unless and until his employment under thatCorporation is duly terminated or until his remuneration and other conditionsof service are duly altered by that Corporation.
(2) Notwithstanding anythingcontained in the Industrial Disputes Act, 1947, (14 of 1947) or in any otherlaw for the time being in force, the transfer of the services of any officer orother person employed in any sick tea unit of any tea company, to the TeaTrading Corporation, shall not entitle such officer or other employee to anycompensation under this Act or any other law for the time being in force and nosuch claim shall be entertained by any court, tribunal or other authority.
12.Provident fund and otherfunds: (1) Where a tea company hasestablished a provident fund, superannuation fund, welfare fund or other fundsfor the benefit of persons employed in a sick tea unit owned by it, the moniesrelatable to its employees whose services have become transferred by or underthis Act to the Tea Trading Corporation shall, out of the monies standing, onthe appointed day, to the credit of such provident fund, superannuation funds,welfare fund or other funds, stand transferred to, and vest in, the Tea TradingCorporation.
(2) The monies which standtransferred under sub-section (1) to the Tea Trading Corporation, shall bedealt with by that Corporation in such manner as may be prescribed.
CHAPTER VI
COMMISSIONER OF PAYMENTS
13.Appointment of Commissionerof Payments: (1) TheCentral Government shall, for the purpose of disbursing the amounts payableunder sections 6 and 7 to the tea companies, by notification, appoint aCommissioner of Payments.
(2) The Central Government mayappoint such other persons as it may think fit to assist the Commissioner andthereupon the Commissioner may authorise one or more of such persons also be exerciseall or any of the powers exercisable by him under this Act and differentpersons may be authorised to exercise different powers.
(3) Any person authorised bythe Commissioner to exercise any of the powers exercisable by the Commissionermay exercise those powers in the same manner and with the same effect as ifthey have been conferred on that person directly by this Act and not by way ofauthorisation.
(4) The salaries and allowancesof the Commissioner and other persons appointed under this section shall bedefrayed out of the Consolidated Fund of India.
14.Payment by the CentralGovernment to the Commissioner: (1) The Central Government shall, within thirty days from thespecified date, pay in cash to the Commissioner, for payment to every tea company,-
(a) an amount equal to theamounts or amount specified against the name of that company in column (4) ofthe First Schedule ; and
(b) a further amount equal tothe amounts or amount specified against the name of that company in column (5)of the First Schedule.
(2) A deposit account shall beopened by the Central Government in favour of the Commissioner in the PublicAccount of India, and every amount paid under this Act to the Commissionershall be deposited by him to the credit of the said deposit account and thesame deposit account shall be operated by the Commissioner.
(3) Separate records shall bemaintained by the Commissioner in respect of each of the tea companies inrelation to which payment has been made to him under this Act.
(4) Interest accruing on theamount in relation to a tea company standing to the credit of the depositaccount referred to in sub-section (2) shall ensure to the benefit of such teacompany.
15.Certain powers of the TeaTrading Corporation: (1) The Tea Trading Corporation shall be entitled to receive, upto the specified date, to the exclusion of all other persons, any money due toany tea company in relation to its sick tea unit which has vested in theCorporation under sub-section (2) of section 3, and realised after theappointed day, notwithstanding that the realisation pertains to a period priorto the appointed day.
(2) The Tea Trading Corporationmay make a claim to the Commissioner with regard to every payment made by thatCorporation, after the appointed day, for discharging any liability of a teacompany, not being any liability specified in sub-section (1) of section 24, inrelation to any sick tea unit owned by it in respect of any period prior to theappointed day; and every such claim shall have priority, in accordance with thepriorities attaching under this Act to the matter in relation to which suchliability has been discharged by the Tea Trading Corporation.
(3) Save as otherwise providedin this Act, the liabilities of a tea company in relation to any sick tea unitowned by it in respect of any transaction prior to the appointed day, whichhave not been discharged on or before the specified date, shall be theliabilities of that company.
16.Claims to be made to theCommissioner: 1 [(1)] Every person having a claim against a tea company withregard to any of the matters specified in the Second Schedule, pertaining toany sick tea unit owned by it, shall prefer such claim before the Commissionerwithin thirty days from the specified date:
Provided that if theCommissioner is satisfied that the claimant was prevented by sufficient causefrom preferring the claim within the said period of thirty days, he mayentertain the claim within a further period of thirty days, but not thereafter.
1 [(2) Notwithstanding anything contained in sub–section(1), all the claims preferred before the Commissioner after the period or thefurther period specified in that sub–section but on or before the 27thday of July, 1989, shall be deemed to have been validly preferred.]
____________________
1. Section 16 numbered assub-section (1) and sub-section (2) inserted by the Tea Companies (Acquisitionand Transfer of Sick Tea Units) Amendment Act, 1991 (56 of 1991), Section 2.
17.Priority of claims: The claims made under section16 shall be priorities in accordance with the following principles, namely: –
(a) Category I shall haveprecedence over all other categories and category II shall have precedence overCategory III, and so on;
(b) the claims specified in eachof the categories shall rank equally and be paid in full, but if the amountpaid to the Commissioner under this Act is insufficient to meet such claims infull, they shall abate in equal proportions and be paid accordingly; and
(c) the question of dischargingany liability with regard to a matter specified in a lower category shall ariseonly if a surplus is left after meeting all the liabilities specified in theimmediately higher category.
18.Examination of claims: (1) On receipt of the claimsmade under section 16, the Commissioner shall arrange the claims in the orderof priorities specified in the Second Schedule and examine the same inaccordance with such order.
(2) If on an examination of theclaims against a tea company, the Commissioner is of the opinion that theamount paid to him under this Act for payment to such company is not sufficientto meet the liabilities specified in any lower category, he shall not berequired to examine any claim in respect of such lower category.
19.Admission or rejection ofclaims: (1) After examining the claimsagainst a tea company, with reference to the priorities set out in the SecondSchedule, the Commissioner shall fix a date on or before which every claimantagainst the tea company shall file the proof of his claim.
(2) Not less than fourteendays’ notice of the date so fixed shall be given by advertisement in one issueof any daily newspaper in the English language having circulation in the majorparts of the country and one issue of any daily newspaper in such regionallanguage as the Commissioner may consider suitable, and every such notice shallcall upon the claimant to file the proof of his claim with the Commissionerwithin the period specified in the advertisement.
(3) Every claimant who fails tofile the proof of his claim within the period specified by the Commissionershall 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 givingthe tea company concerned an opportunity of refuting the claim and after givingthe 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 havethe power to regulate his own procedure in all matters arising out of thedischarge of his functions, including the place or places at which he may holdhis sittings and shall, for the purpose of making any investigation under thisAct, have the same powers as are vested in a Civil Court under the Code ofCivil Procedure, (1908, 5 of 1908) while trying a suit in respect of thefollowing matters, namely:-
(a) the summoning and enforcingthe attendance of any witness and examining him or oath;
(b) the discovery andproduction of any document or other material object predicable as evidence;
(c) the reception of evidenceon affidavit;
(d) the issuing of anycommission for the examination of witnesses.
(6) Any investigation beforethe Commissioner shall be deemed to be a judicial proceeding within the meaningof sections 193 and 228 of the Indian Penal Code, (45 of 1860) and theCommissioner shall be deemed to be a Civil Court for the purposes of section195 and Chapter XXVI of the code of Criminal Procedure, 1973.(2 of 1974)
(7) A claimant who isdissatisfied with the decision of the Commissioner may prefer an appeal againstsuch decision to the High Court within the local limits of whose jurisdictionthe registered office of the tea company concerned is situated and every suchappeal shall be heard and disposed of by not less than two Judges of that HighCourt.
20.Disbursement of money by theCommissioner: Afteradmitting a claim against a tea company under this Act, the amount due inrespect of such claim shall be paid by the Commissioner to the person orpersons to whom such amount is due and on such payment, the liability of suchtea company in respect of such claim shall stand discharged.
21.Disbursement of amounts tothe 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 theSecond Schedule, the Commissioner shall disburse such balance to such teacompany.
(2) Where the possession of anymachinery, equipment or other property possessed by a tea company has vested inthe Tea Trading Corporation under this Act but such machinery, equipment orother property does not belong to such tea company, it shall be lawful for thatCorporation to continue to possess such machinery or equipment or otherproperty on the same terms and conditions under which they were possessed bysuch tea company immediately before the appointed day.
22.Undisbursed or unclaimedamounts to be deposited with the general revenue account: Any money paid to the Commissionerwhich remains undisbursed or unclaimed on the date immediately preceding thedate on which the office of the Commissioner is finally would up, shall betransferred by the Commissioner, before his office is finally would up, to thegeneral revenue account of the Central Government, but a claim to any money sotransferred may be preferred to the Central Government by the person entitledto such payment and shall dealt with as if such transfer had not been made, andthe order, if any, for payment of the claim being treated as an order for therefund of revenue.
CHAPTER VII
MISCELLANEOUS
23.Act to have overridingeffect: The provisions of this Actshall have effect notwithstanding anything inconsistent therewith contained inany other law for the time being in force or in any instrument having effect byvirtue of any law, other than this Act, or in any decree or order of any court,tribunal or other authority.
24.Assumption of liability: (1) Where any liability of atea company arising out of any item specified in Category I of the SecondSchedule is not discharged fully by the Commissioner out of the amounts paid tohim under this Act, the Commissioner shall intimate in writing to the CentralGovernment the extent of the liability which remains undischarged and thatliability shall be assumed by the Central Government.
(2) The Central Government may,by order, direct the Tea Trading Corporation to take over the liability assumedby the Central Government under sub-section (1), and on receipt of suchdirection, it shall be the duty of that Corporation to discharge suchliability.
25.Management to continue tovest in certain persons until alternative arrangements have been made: Notwithstanding the vestingunder this Act of a sick tea unit of any tea company in the Tea TradingCorporation-
(a) any person who has beenmanaging the affairs of such sick tea unit before the date on which that unithad so vested shall, until alternative arrangements have been made by the TeaTrading Corporation for the management of such unit, continue to manage theaffairs of the unit , as it such person had been authorised by the Tea TradingCorporation, to manage such unit;
(b) such person shall, untilalternative arrangements have been made by the Tea Trading Corporation,continue to be authorised to operate, in relation to the sick tea unit of suchtea company, any account of such unit in any bank as if he had been authorisedby the Tea Trading Corporation to operate such account.
26.Contracts to cease to haveeffect unless ratified by the Tea Trading Corporation: Every contract entered into byany tea company in relation to any sick tea unit owned by it which has vestedin the Tea Trading Corporation under sub-section (2) of section 3, for anyservice, 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 fromthe appointed day, cease to have effect unless such contract is, before theexpiry of that period, ratified in writing by the Tea Trading Corporation, andin ratifying such contract, the Tea Trading Corporation may make suchalterations or modifications therein as it may think fit:
Provided that the Tea TradingCorporation shall not omit to ratify a contract and shall not make anyalteration or modification in a contract –
(a) unless it is satisfied thatsuch contract is unduly onerous or has been entered into in bad faith or isdetrimental to the interests of the Tea Trading Corporation ; and
(b) except after giving theparties to the contract a reasonable opportunity of being heard and exceptafter recording in writing its reasons for refusal to ratify the contract orfor making any alteration or modification therein.
27.Penalties: Any person who, –
(a) having in his possession,custody or control any property forming part of a sick tea unit owned by anytea company wrongfully withholds such property from the Tea TradingCorporation; or
(b) wrongfully obtainspossession of, or retains any property forming part of, a sick tea unit ownedby any tea company; or
(c) wilfully withholds or failsto furnish to the Tea Trading Corporation or any person or body of personsspecified by that Corporation, any document or inventory relating to a sick teaunit owned by any tea company, which may be in his possession, custody orcontrol; or.
(d) fails to deliver to the TeaTrading Corporation or any person or body of persons specified by thatCorporation, any assets, books of account, registers or other documents in hispossession, custody or control relating to a sick tea unit owned by any teacompany; or
(e) wrongfully removes ordestroys any property forming part of a sick tea unit owned by any tea companyor prefers any claim under this Act which he knows or had reason to believe tobe false or grossly inaccurate,
shall be punishable withimprisonment for a term which may extend to two years and also with fine whichmay extend to ten thousand rupees.
28.Offences by companies: (1) Where an offence punishableunder this Act has been committed by a company, every person who. At the timethe offence was committed, was in charge of, and was responsible to, thecompany 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 liable to be proceededagainst and punished accordingly:
Provided that nothing containedin this sub-section shall render any such person liable to any punishment, ifhe proves that the offence was committed without his knowledge or that he hadexercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anythingcontained in sub-section (1), where any offence under this act has beencommitted by a company and it is proved that the offence has been committedwith the consent or connivance of, or is attributable to any neglect on thepart of, any director, manager, secretary or other officer shall be deemed tobe guilty of that offence and shall be liable to be proceeded against andpunished accordingly.
Explanation: For thepurposes of this section –
(a) "company" meansany body corporate and includes a firm or other association of individuals; and
(b) "director", inrelation to a firm, means a partner in the firm.
29.Protection of action takenin good faith: (1) No suit,prosecution or other legal proceeding shall lie against the Central Governmentor any Officer of that Government or the Tea Trading Corporation or otherperson authorised by that Government or Corporation for anything which is ingood faith done or intended to be done under this Act.
(2) No suit or other legalproceeding shall lie against the Central Government or any of its officers orother employees or the Tea Trading Corporation or any officer or other personauthorised by that Corporation for any damage caused or likely to be caused foranything which is in good faith done or intended to be done under this Act.
30.Tea companies not to bewound 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 inthe Tea Trading Corporation under this Act or for the appointment of a receiverin respect of the business of the sick tea unit shall lie or be proceeded within any court except with the consent of the Central Government.
31.Delegation of powers: (1) The Central Government may,by notification, direct that all or any of the powers exercisable by it underthis Act, other than the powers conferred by this section and sections 32 and33. May also be exercised by such person or persons as may be specified in thenotification.
(2) Whenever any delegation ofpower is made under sub-section (1), the person to whom such power has beendelegated shall act under the direction, control and supervision of the CentralGovernment.
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 withoutprejudice to the generality of the foregoing power, such rules may provide forall or any of the following matters, namely: –
(a) the time within which, andthe manner in which, an intimation referred to in sub-section (3) of section 4shall be given.
(b) the manner in which themonies in any provident fund or other fund, referred to in sub-section (2) ofsection 12, shall be dealt with ;
(c) any other matter which isrequired to be, or may be, prescribed.
(3) Every rule made by theCentral Government under this Act shall be laid, as soon as may be after it ismade, before each House of Parliament, while it is in session, for a totalperiod of thirty days which may be comprised in one session or in two or moresuccessive sessions, and if, before the expiry of the session immediatelyfollowing the session or the successive sessions aforesaid, both Houses agreein making any modification in the rule or both Houses agree that the ruleshould not be made, the rule shall thereafter have effect only in such modifiedform or be of no effect, as the case may be ; so, however, that any suchmodification or annulment shall be without prejudice to the validity ofanything previously done under that rule. houses agree that the rule should no
33.Power to removedifficulties: If anydifficulty arises in giving effect to the provisions of this Act, the CentralGovernment may, by order, not inconsistent with the provisions of this Act,remove the difficulty:
Provided that no such ordershall be made after the expiry of a period of two years from the appointed day.
34.Repeal and saving: (1) The Tea Companies(Acquisition and Transfer of Sick Tea Units) Ordinance, 1985, (3 of 1985) ishereby repealed.
(2) Notwithstanding suchrepeal, anything done or any action taken under the said Ordinance shall bedeemed to have been done or taken under the corresponding provisions of thisAct.
THE FIRST SCHEDULE
[Seesections 2(e) and (g), 6, 7 and 14(1)]
_______________________________________________________________________________________________
S.No. Name of the Name of the tea company Amount Further
sick tea unit (Rupees amount
inlakhs) (Rupees)
_______________________________________________________________________________________________(1) (2) (3) (4) (5)
_______________________________________________________________________________________________
1. Pashok Tea Messrs PashokTea Company Limited,
Estate 10,Pollock Street, Calcutta 26.03 7,640
2. Looksan Tea Messrs PashokTea Company Limited,
Estate 10,Pollock Street, Calcutta 100.15 9,340
3. Vah-Tukvar Messrs Sashi TaraTea Company Private
TeaEstate Limited, Darjeeling 25.82 4,940
4. Potong Tea Messrs MoonMoon Tea Company
Estate (Private)Limited, 5, Clive Row, Calcutta 16.35 3,460
_______________________________________________________________________________________________
THE SECOND SCHEDULE
[Seesections 16, 18(1), 19(1), 21(1) and 24(1)]
ORDER OF PRIORITIES
Category I
Employees’ dues on account ofunpaid salaries, wages, provident fund, Employees’ State Insurance contributionor premium relating to the Life Insurance Corporation of India and any otheramounts due to employees in respect of any period whether before or after themanagement of the sick tea units had been taken over by the Central Government.
Category II
Land revenue, taxes, cesses,rural employment cess, electricity duty, or other dues to the State Governmentand Local Authorities in respect of any period whether before or after themanagement of the sick tea units had been taken over by the Central Government.
Category III
Loans and other financialaccommodation, together with interest, provided by the Central Government aswell as similar accommodation provided by commercial banks and public financialinstitutions during any period after management of the sick tea units had beentaken over by the Central Government.
Category IV
Revenue, taxes, cesses, ratesor other dues to the Central Government, in respect of any period whetherbefore or after the management of the sick tea units had been taken over by theCentral Government.
Category V
Secured loans obtained by anytea company for the purposes of its sick tea unit from nationalised banks, TeaBoard constituted under the Tea Act, 1953, 29 of 1953, and public financialinstitutions during any period before the management of that sick tea unit hadbeen taken over by the Central Government.
Category VI
Any other credit availed of byany tea company for trade or manufacturing purposes with respect to its sicktea unit, during any period before the management of that sick tea unit hadbeen taken over by the Central Government.
