 l-'£2 be/as introduced in lok sabha 71 page 3, line 4,-for "encumbrances" read ''incumbrances'' 2 page 3, line 5,-after "court" insert "or other au thori ty" 3 page 5, in the marginal heading to clause 10,-(1) after "1:1 an ap;8y;1e ;it ()f 1:::,e·' i~isel' t '----(ii) af~!: "assets" inser! "etc" 4 page 6, against lines 50 to 52,-omi t the marginal heading 'i('"ement c;;orporbtion" 5  page 11, line 33,-fa r "de s tro yes" re ag, "de strays it 6 page 15, line 27,-for "frseh" ee ad "fre sh" new delhi; hey 1, 1979 vais akha 11, 1901 ( saka)  , "d·· cem'ent undertakings) bill, 1979 arrangementofclau~',', \  chapter i cu,l short title ,  2 i~i~  chapter iiaecrolbl'llok alq) 'l'ilansfer op the cno:nt und!jltakincs of the compaxt a transfer and vesting in the central government of the cement undertakings of the compmy general e1fect of vesting , ~nital 'government or the cement corporaaon or the government , 'cttinpanynot' to"be liable for priot liab11ities >v  ting of 'the cement undertakings of the company in the o,ment corporation '1 power of the central government to direct vesting of the cement undertakings of the company in a government company  chapterll payment of amotnml" payment of amount  i chapter iv  irlu'aqdrnt, etc, of the cement undertakincs oj' nu:compalfri management, etc, of the cement undertakings 01 the company 10 duty of persons in charge of management of the cement undertakinp of the compmy to deliver all property, asaeta, etc  chapter v paoftaaom ulatlnq '1'0 certain employees of the com:palft ll employment of certain employees to continue li provident fund and other funds chapter vi commissioner or paymen'is clauses13 appointment of commissioner of payments { _    't0 ·", payment by the central government to the commissioner t  14-15 certain powers of the central government or cement corporation or government company 16 claims to be made to the commissioner 17 priority of claims 18 examina tion of claims 19 admission or rej echon of ·cbims ';;~: : :   1  20 disbursement of money by the commissioner to claimanu '-21 disbursement of amounts to the company 22 undisbursed or unclaimed amount to be ·tndsferred to the general revenue account chapter vii  j  miscellaneous23 act to have overrid:ng effect 24 contracts in relation to the cement undertakings of the company' to cease to have effect unless ratified by the c,ntral government or cement corporation or government compldy ~ 25 protec~ion of action taken in good faith  ,', 26 delegation of powers 27 penalties 28 offences by companies 29 power to make rules 30 power to remove difficulties 31 declaration as to the policy of the state the schedule  to "romde for, in the 'public interest the a"quisition and tramfer of the right, title and interest of the taipljr udllo(j limitei in relatfon to its cement un-iertaking~ jor the purpose of ensur;ng continuity of c:', p,r04uc=tion of cement which is essential to the neetfs of the eommunittl the industries and other de1,p1"pmental 'dtoiects in the country  -erne! lot' matters connected therew:th or incidental thereto  " wuerl!:as the jalpur utivi)£l' limited is engaged in the produetion of cement and other commodities; and wher"f'as production of cement is essential to the needs of the  community, the industries and other developmen~al projects in the ~s country; and wherp!as as a re!';'11t of tl,e losses suftel'e1 bv th~ tafpur udvog limiterl, the n-o"ll"ti"n of "e~ent has suffered and the public interest h8!3 ~~ena(!versely affected thereby;  :·ann wm:reas it is n~{'e~c;'lrv to arol"it'p in the public i"te!'e~, the j~ tillht tiu"! 'inri interf!"t of the 1ainur ttrtvnt! j)"'ite~ i" rpt,tf,,n to its cnt{1lent· utl1ertaltin~'1 t,, e"l;llre the cnl'ltinuitv of tl,ep  nduc~fon of ('ement tn • rder to serve bf'tter the needs of the ~ommunity, the industries and ether developmental projects in the country; 'be" it ent'tcted by parliament in the thirtieth year ot the republic of if _dia as 10110  : - chapter i  ,  ~ -  preliminary r~   1  ~r act may b, called the jaipur tjdvog limited (acquisition mel shori - transfer of cement undertakings) act 19'19 "  2 in this act, unless the context otherwise requ1res,-(a) "appointed day" means the date of commencement of this act; (b) "cement corporation" means the cement corporauon of india, a company incorpora~ed and registered under the compldla act, 1956; , 1 e! 1" (e) "cement undertakings of the company" means such of the undertakings of the company as pertain to the production of eejilt or to the distribution of cement produced by the company; (d) "commissioner" means the commissioner of payment appointed under secaon 13; 10 (e) "comp:my" me'lns the jaipur udyog limited, being a eompany as defined in the comp'lnies act, 1956, and having its regwtereci lof lin office at sawaimadhopur in the state of rajasthan; (f) "government company;' has the meaning assigned to it by section 617 of the companies act, 1956; 1$ lei  (g) "notification" means -a notification published in the oiicjal gazette; (h) "prescribed" means prescribed by rules made under tbia act: (i) "specified date", in relation to any provision of this act, mea aeli date' as the cl:!ntral government may, -by:notlf\c~("~lfijjtlr ao the purpose of that provlsionand'djj!erent ~!'1\ia1 be specified for different provisiofls of this act; (i) words and expressions "1lled herein and not deftned but defined in the companies a~t, 1956, shallhave tbe maaa'  1'fiipilo'" 1"" t1vely, assigned to them in that act as  chapter n -al!qdisiliolir ·awd'~mpb· of' the' ctm!nt 11i41smi'm'cs' 'bi'"+&1!ifipaft3 on theappojnted day, the cementundertakinga"" the~ _and the right, title and inte-rest of :he company in ~el~ti~~ t~ i~ ~t undert1ddngs, shall, by virtue of thsact, stand ~ to, & '1haj1 )0 vest in, the central government 'l'ransfer and vesting in the o;mtral/ gtwcrnmentof the cement undertakinp of the compan~ general etfect of vestinl· 4 '(1) the e~ent unde~·hkn~ of the 'compmy lhaube ~ to int'lude all proper tv and assets (including lands, quarries, mtne bufldinp'sofftce-; factories, workshop'9stot'es,l)hntq, ft'lach~_d··f!iiu'p­ment installations, tn~trumetlts, labm-ltoti@!, offi~rfufftltu~,wtte~~"3~ 8:ti equipm1!nt vehicles_ st1?ff:qu"lrters and' wotkt!'rseo'tdt\nt  ttfplwt 'with amenities and inshllations perhtntn'g to tb~, ealh 'tftallhah'ee o~ h'md, rese'l"ve funis tnve<:itments, b'lok df!bt9, 't'ifjft,  -, ·p"wers, authoritie3 a'ftd· privileges) pertaining to tile gitmeftt 1iliiartakin~s of the company or use:! for th~ product:od'of'~-_ distribution of cement produce"! by the comp'lny, and all other right and interests in or arising out of such prope-:ty and assets, as were lmmediately before the appointed ds\v in 1heewnership, posqesston p?wer or ccmtrol of the company, whether within or: outside india, and au boob of account; registers and au ot~er docu~~ntsofwba~ver dafiarii'jie~ 4s ~bereto  - ,, 1"'-1$·- 1,", ,(~) ad property and usets as' aforesaid· ,which blrvtt vested, in the t;entral government under section 3 shall, byforee of such vestia& be f  d add discharged from any trust, obligation, mortgage, charle, lien ~ au other encumbrances affecting them, and anyat18clunent, injunc-$' ij, or decree or order of any court restricting the use of such property or assets in any m:mner or appointing any receiver in respect of the whole or any part of such property or assets shall be deemed to have bfein withdrawn (31 every mortga~ of any property which has vested under thts aet 10 itithe central government and every person holdin~ any chat'ge, lien or corporat,ortiut gov  o~ber interest tn, or in relation to, any such property, shall give, within saeb time and in such manner as may be prescribei, an intimation to the commissioner of sucb ml)rtgage, charge, lien or other interest i, (4) for the removal of doubts, it is herebydeclated that the i!mrts!li~ of any property referred to in sub-section (3) or any other personhojding any charge, lien or other interest in, or in relation to, any such property ,11 be entitled to claim in accordance with his, ri~hts and interests, pay-~t of the mortgage money or other dues, in whole or inp3rt, out q! the amounts referred to in se~tion 8, but no such mortga~, char~, lien or 20 other interest shall be enforceable against any property which have vested in the central government (5)' if, on the' appointed day, any suit, appeal 01' oth~t' proceed'n~ of whatever nature in relation to any property or asset whi~h h'ls vested iii 25 the central government, under section 3, instituted or preferred bv or against the company is p:mding, the same sh'lli- not abate, be discontlluled or be, in any way, prejudicially a1fected by reason of transfer of the cement undertakings of the company or of anything contained in this act, but the suit, appeal or othe!' proceeding may be contmuedi jk'osecuted or enforced bv or a~ainst the central government or the 30 cement corporation or, where the cement undertakings of the company are directed, undersectlon 7, to vest in a government company, 'that government company 5 (1) every liability of the company in relation to its cement undertakings in respect of any period prior to the apnointed day shall 3sbe the liability of the company and shall be enforceable against it and neit against the central government or the cement corp,ration or, where the cement undertakings of the company are directed, under reetion 7, to vest in a government c~p:my, against that government company 40 ~ (zy for the removal of doubts, it is hereby declared t'wat,-jii~ , coman, not to be llable for prior uabiuu- (a) s~ve as otherwise expressly provided in t,'s act; rio liabttfty 4;f the co'mpany in relation to its cement undertakfn~s in ~t of any perio-d prior to the appuinted day, sh111 be e"lforce:lble agifnst tlle central government or the cement c,rporatiort or, where the 45 cement undertakings of the comp'my are dire  ted under section 7, to vest in a government company, against that government company; (b) no award, decree or order of any court, tribunal or other 50 ~u~hority in relation to the cement undertakings of the company, puled after the appointed day, in resn~ct of any matter, claim or 4fspute which arose before that d~y, shall be, enforceable ag'linst the central government or the cement co"poratlon or, where the cement undertaking~ of the com;panx are directed, under sect~o:n ', 'to vest in a government company, against that c;;~etit ~mp8df~ vestbt, at the cement undertaklnp of the company in the cement corporation (e) no llabnfty tncurred by the company before theappolrited day, for the contravention of any provishn of law for the time be'ng in force, shall be enforceable against the central government or the cement corporation or, where the cement undertakings of the company are directed, under section 7, to vest in a govenunent s company, against that government company ,  (1) notwithstand!nq anything contained in sections 3 and 4 the central government shall, as 800n as may be, after the appointed day, dfreet by notifi~ation th'lt the cement undertakings of the company, and the right, title and interest of the company in relation to its cement 10 underlakinl!s which have vestei in the cent,~l government un tier  section 3 shlln, insteat! of continuins! to vest in the central government; 'lest in the cement corpora~ion either on the date of notification or on sueh earlier or later date (not bein~ a date earlier than the appointe:t day) as may be speeified in the notification is (2) where the ri~ht, tttle and interest of the comn'anv in rel~tton tt, its cement undertakin~s vest in the c~ment cornoration under su"-i~tton (1), the cement c01'l"oration shall, on and from the date of such , vcstinq, be deemed to have becnme the owner in relation to such undertakfn~s and all the riehls and liabilities of the cet'ltr'l' government in 20 r,"lation to such underhkin~ sh,ll, on and from the date of such vesting be deemed to have ,become the rights and liabilities, respectively, of the cement corporation - power of the c(ntral government to direct vestin, of the c:!mmt undertaklnp of t~ c<liftpany ift - government eodlpaj' 'i (1) notwithstandin~ anything contained in sections s, 4 and 6, the cenn-al government may, if it to satisfied that a government company 2s is w:11ing to comply, or has complied, with t"uch terms and condl~ions as that goyemment may tl-tink fit to impose, dire~t, bv notiflcatio, that the rement undertakings of the company and the r'~ht title a,jd inter~t of the complnv in rehtion to itc; cement un de"hkfnes whtch have ,,-ested in the central government under section 3 and there~fter in the 30 cement corporation under sec:ion 6 shall instead of contfnuinj:! to vest in the cement corpnration, ve~t in the g,,,,ernment comnanv either on the' date of the notification or on su~h enlier or la~el' date (not bet,,1t a d~~e euuer than the appointed day) as may be specifte:i in 'the notiftcation 35 (2) where the rf«ht, title and !ntere~ of the compa,v in re'ation to its ce~ent underhkin~s ve~t in a governme,t company under sub section (n, the gnvernment comn'tnv shall on and f~om the date of luc-h vestin~, be deeme-l to h"lve become the owne, in r!'htio"l t, surh undert"lkin«s and all the rights and lialjilities of the centt'~l goyer"l- 40 ment or the cement corporation in relrtion to such uniert"lkings sh::lll, on and from the date or such vestine be de~med to have be('ome the rights and liabilities, respectively, of the government compmy  chapter til paym!'nt of amountspayment 8 (1) for the transfer tn, and ve!lting in, the central governm"nt, 45 of amount uneler seetion 3 of the eement undertajdnr:r"l of the c"mpanv and the ri~ht, title and ;"tere'lt of the com",anv in relation to ite; eement underiaklnn, tbe-e sh,u be tciven bv the ce",tral go,'prnment to the comp:lny in caslt, an in the manner sneeifled in chapter vi, an amount of rupeej ten er:>res ad twentyeven iakhs so (~ the ft~ount spe~l&ed in mb-sed1011 (1) shan etifi'j simple iiiletest  ~tthe rate of four per cent per annum for the perlod commenclu  - he appuilted day and endinl on the date on which payment of lu::h iunount is made by the central government to the commissioder' , (3) the nmounts determined in accordance with the provisions of sub-section (2) shall be given by the central government to the comrany in addition to the amount specifie-fl in sub-seeton (1) (4) for the remov~j of doubts, it is h,ereby declared, that the liabilities ot the company in relation to its cement undertakings which have vested 10 in the central government under section 3, shall be discharged from  the amount referred to in s~b-se~tion (1), and also from the amount · "determined under sub-section (2) in ac::ordance with the rights and interests of the creditors of ~he company , ·  chapter iv  is manacemeln, etc, of the cement undebtaxincs or the compalttmana, ment, etc, oftha cement 9 the general 8uperintenden':'e, direction, control and management cf the affairs and business of the cement undertakings of the company, the right, title and interest in relation to which have ves~ed, under liection 3, in the central government, shall,-~ (/i) where a direction h:s been issued by the central government under fub-se:t on (1) of section 6, vest in the cement corporatiod; under~ hkin,sot the compad7 (b) where a direction has been issued by the central government unc!er sub-section (1) of section 7, vest in the goverddutllt company spe~ed in such direction, 25 and thereu~cn the cement corporation or, as the ease may be, the gov-· ernment company shall be entitled to exercise a:l such powers and do all such things as the company is autholised to exercise and do ill fa-ul'tron to its cement underakings 10 (1) on the vesting of the management of the cement under-30 takings of the company in the central government or the cement corporaion or the government company, as the case may be, all per~ iiolls in charge of the management of such undertakings of the company immediately before such vesting shall be bound to deliver to the central government or the cement corporation or the government 3s company or to such person or body of persons as the central governn~ent or the cement corporation or the government company as the duty of personam char,eol mana,ement of the undertalddii of the co~ todeuver all property, uleta, : clll:1e may be, may specify in this behalf, au property, assets, books of atcount, registers or other documents in their' custody relating to the cement undertakings of the company 40 (2) the central government may issue such directiods a it may deem desirable in the circumstances of the case to the cement corporation or the government company, as the case may be,  to ita powen c'd  duties and' the cement corporation or the goverjlxlumt ~t ·~~me~e;!j1~y ~~:may~so if l~ so,d~~~d~~ply:,to ~,e ~~n~"qo­,!!~enfat ,any tl1lle, for instructions as to the manner in' wbieh tbe ~lihagemeljt of the cement undertakings of the company 'shl1 ',be cohducted 'by it or in: relation to any other matter arising in the co of such management  ' '''""  chaptu v ~ns relating to ceiltainemployees of ~ co~alftemplo)"-11 (1) every person who has been, immediately before the appointmentor -eel day employed by the company in'connection with its cement underc:ertaln 'takings shall become, on and from the appointed day or such later 10 :':!:~~ :~,ui\te as the case may be, an employee of the central government ~ol" due 'ttte"cement corporation or the government company,as the cue may "tie in which the right title and interest of the company in reltied to its cement undertakings, have vested under this act, and shall bold ofbce or service under the central government or the cement corpora- 15 tion or the government company, as the case may be with the same rights and privileges as to pension, gratuity and oher matters as would have b~ admissible to him if there had been no such vesting and, shall c(;ntinue to do so udless and until his employm'ent under tlie central governmcnt or the cement corporation or the government com- 20 pany as the case may be, is duly terminated·or unt 1 his remuneraticu , ~~d other conditions of service are duly altered by the central qovernment or the' cement corporation or the government company,' as :! the lase mly be' , ' " i  (2) n()twithstandi~g ~nythij?g contained in the industrial disputes 25 (act 1947 or in a~y other law for the time being in force, the transfer'~ of the services of any officer or other person employed by the company in connection with its cement undertaklngs to the central government '01' the cement corporation or the government company, as the case may be shall not entitle such otlicer or other employee to anycompen- 30 aation under this act or under any other law for the time being in force ,aj+d do ~h claiju~ be entertained by a1ly court, tribunal or other u ,ll[thori ty -  - - i (3) w1l;e;::e, ~r tj?e ,terms of any contract or service or oth~rwise cny person, whose servles become transierred to the central govern- 35 ment or the cement corporation or the government company ai 'lb ,~e, may, be, by reason of the provisions of this act is entitled to any ~ ~rears of,salary or wages or any payments for any leave not availed ,,(of or, any other payment, not being plyment by way of gratuity or "penion, such person may enforce his claim, against the company but 40  ' ~')t asainst the central government or the cement corporation or the icio~el'nmept comwmy· , : ' : '"  ,,;, j jz: (1) where the comrany has established a provident fuod, 111&'-annuation fund 'welfare' fund or any other fund for the benefit of uae ; ~~ods employedlfu any of the undertakings of thecomp~ythe :' moneys i'elatableto the oftlcers or other employees, whosebervicel have 4' become transferred by or under this act to the central gqvernmtnt,or the cement corporation or the government company, as the case may , be shall, out of the moneys st~ding oxl the appoin\e~ day, to the crecut ofaueh provident fund superannuation fund, welfare fund or othe(f~d, 50 ~",itat'ld transferred to,' and ,shall vest in the central government or' the  e •• e1 corporatiodor the g~m",nt copl,pany 8fth"':'~:~7 ~  (2) the moneys which stand transferred under sub-section (1) to tht central government or the cement corporation or the government company, as the case may be, shall be dealt with by the central gov  ernment or the cement corporation or the government company, as the s case may' be, in such manner as may be prescribed  chapter vl commissioner of payken'l'slj (~) the ctral government shall, for the p1ll'poll8 of dwninidi tjae illdewda papble to the campany udder aeefiea 8, by noti&cati-, 10 appoint a commissiodej" of paymamts appointmentof commissioner o! payment& (2), the ceutral govemment may appoint iluch other periodi as it 1da1' think tit to uaist the coiiudissioner and thereupon the coidmi  doner may autllorise ode or more of sudl pel'sod8 also to exereise all or any of the powers exercisable by him udciier this act aad different per-i s ~n& may be authorised to exercise different powers (3) aay pejiioil authoriaecl 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 eftect as - they have been cod-ferred 011 that person directly by this act and not by way of authorisation (4) the jaiarie& and ahowauees of the commissioner and other per-20 iiqu appointe4 uader thi& section shall be defrayed out of the coiiiolidaled fund of india l4 (1) the central, government shall, within thirty days from tbe speci1ieci date, pay, ~n caah, to the commissioner, for payment to the 2s company an amount equal to the amount specified in section 8 payment by the central government to the commissioner (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 deposjt acc()unt and the said deposit account 30 shall be operated by the commissioner (9) the interest accruing on the amount standing to the credit of the deposit account referred to in sub-section ,(2) shall enure to the benefit of the company 15 (1) the central government or the cement corporation or the 3s government _ company, as the cast! may be, shall be entiued 1x> receive up to the specified date, to the exclusion of all other persons, any money due to the company, in relation to its cement under~ which have vested in the central government or the cement corporation or the government company, as the case may be, realised after the appointed 40 day jlotw ithatanding that the realisation pertains to a period prior to the appointed day -- ~  certain powers of the cedtj:al goverd-ment at' cemedt corporationor government company (2) the central government or the cement corporation or the govenunent company, as the case may be, may make a claim to the commissioner with regard to every payment made by it after the appointed 4s day for discharging any liabi~ity of the co~pany pertaining to ita cement undertakings in relation to any penod prior to the appointed day; and every such claim shall have prioqty in accordance with the priorities attaching under this act, to the matter in relation to which such liability has been discharged by the central government or the cement corporatiou or the government company, as the case may be (3) save as otherwise provided in this act, the liabilities of the'com- s pany in relation to its cement undertakings 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 the company 16 every person having a daim against the company shall prefer such claim before the commissioner within thirty days from the ,pecifteci 10 date: claimato to be made to the cammismoner 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 enterfain the claim within a further period of thirty days and not thereafter is 17 the claims arising out of the matters specified in the schedule shall have priorities in accordance with the following principles, namely:-priority ofclaima (a) category i will have precedence over all other categories and category ii will have precedence over category ru, and so on; (b) the claims specified in each of the categories shall rank ao equally and be paid in full, but, if the amount is insufticient to meet such claims in full, they shall abate in equal proportions and be paid accnrdingly; (c) the question of discharging any liability with regard to' a: matter specified in a lower category shall arise only if a surplu8 ·a5 left after meeting all the lia~es specified in the immediately higher category e:ramlnatiod of c:la1ma 18 (1) on receipt of the claims made under section 16, the commissioner shall arrange the claims in the order of prioritjes speclfled in the schedule and examine the same in accordance with such order of 30 priorities (2) if, on examination of the claims, the commissioner ii of opidicm that the amount paid to him under this act is not suftlcient to meet the liabilities specified in any lower category, he shall not be r8quited to examine the claims in respect of such lower category  35 admission or rejection of claims 19 (1) after examining the claims with reference to the prjorlue set out in the schedule the commissioner shall fix a date on or before which -ery claimant shall file the proof of his claim, faillng which he will de excluded from the benefit ot the disbursements made by the commissioner (2) not less than fourteen days' notice of the date so fixed abau be given by advertisement in one issue of a daily newspaper in the enguah language having circulation in the major part of the! country and one issue of such daily newspaper in the regiona11anguage as the commissioner may consider suitable and every such notice shall call upon the 45 claimant to file the proof of his claim with the commissioner within the time specified in the advertisement ,' (3) every claimant who fails to file the proof of his claim within the time specl1led by the commissioner shall be excluded from the disbursementsmade by the commissioner (4) the conuirlssioner shall, after such investigation as may, in his s opinion, be necessary and after giving the company an opportunity of' refuting the claim and after giving the claimant a reasonable opportunity ot being heard, in writing, admit or reject the claim in whole or in part otl_ (5) the commissioner shall have the power to regulate his own pr0-cedure in all matters arising out of the discharge of his function8, in-10 cluding the place or places at which he will hold hils sittings and shall, ler the purpose of making an investigation under this act, have the same powers as are vested in a civil court under the code of civil procedure, 1908, while trying a suit, in respect of the following matters, namely:-is (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 affidavits; 'cd)' the fssu!ng of any commission for the examination of 20 witnesses 41011880 (8)' any investigation hefore the commissioner shall be deemed to tie a judicial proceeding within the meaning of sections 193 and 228 of the fndian penal code and the commissfonpr shall be deemed to be a etvn court for the purposes of section 195 and chapter xxvi of the 25 code of criminal procedure, 1973 , '('1)' a claimant who is dissatf!'lftro with the deci!'lion of the commis-~oner may prefer an appeal against the decision to the princfpal ""efvil court of" orlgf",'11 iurf"rt;r-tfon within the lnt'::tt hmus of whose 1u1"fsdf$::tion the registered office of the company is situated: 30 provided that where a person who f!'l a" tung-e of a hi~h court is appolinted to be the commissioner the appeal shall lie to the hlgh court within the local limits of whose iurfsdidion snch re~stel'ed office is situated, and such appeal shall be heard and disposed of by not less thrn two judges of that high court 3:5 - to after admitting a claim 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 sums are due and, on such payment, the liability of the coiripany in respeet of such claim shall stand dtl'!char~ diiburiemehtof money by the commjasionerto claimants 11 (1) if, out of the moneys paid to hfm under 1!ctlon 14 there 1s 40 a balance left after meetfn~ tn" liabilities i'll'! l'!pectftp~ in the schedule, the commissioner shall disburse such balance to the company disbursemento! amounw " totba company (z) where the possession of any machinery, equipment or other property, has vested in the central government or the cement undi!jbursedor unclaimed amount to be transferred to the general revenue aecount corporation or the government company, as the case may be, under this al't, but such machinery, equipment, or other property does ~ot belong to the company, it shall be lawful for the central government or the cement corporation or the government company, as the case may be, to continue to possess such machinery or equipment or other property on 5 the same terms and conditions under whibh they were possessed by the company immediately before the appointed day   any money paid to the commissioner which remains undisbursed or unclafmed for a period of three years from the last day on which the disbursement was made shall be transferred by the commissioner 10 to the general revenue account of the central government; but a claim to any money so transferred may be preferred to the central govern:" ment by the person entitled to such payment and shall be dealt with: as if such transfer had not been made, the order, if any, for payment of the money being treated as an order for the refund of the revenue is  chapter vn miscel,laneousad to han overridlna eihct !s the provisinl1s 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 20 than this act or in any decree or order of any coun, tribunal or otlier authorfty ii (1) every contract entered into by the company in relation to its cement undertakings for any service, sale or supply, and in force immediately before the appointed day snail, on and from the expiry of 2s one hundred and eighty days from such day, cease to have effect unless such contract is before the expiry of that period, ratified, in writing, by the central government or the cement corporation or the government company, as the case may be, and, in ratifying such contract, the central government or the cement corparation or the government company, 8s 30 the case may be, may make such alteration or modification therein as it may think flt: provided that the central government or the cement corporation or the government company as the case may be, shall not omit to ratify a contract, and shall not make any alteration or modiftcation in a con- 3s tr act, unless it is satisfied that such contract is unduly onerous or has be"en entered into in bad faith or is detrimental to the interests of the central government or the cement corporation or the government company, as the case may be contracts jb relation to the cement undertakings of the company toceue to have effect ualeu ratifted ljy the central governmentor cement corpor8-tionar governmeat compad7 (!) the central government or the cement corporation or the gov 40 emment company, as the case may be, shall not omit to ratify a contract, and shall not make any alteration or modification therein, except after giving to the parties to the contract a reasonable opportunity of being heard and except after recording, in writing, its reason!; for refusal to ratify the contract or for making any alteration or modfftcatfon therein 45 protection ofaetlon tabn iii iood faith %5 (1) no suit, prosecution or other legal proceeding shall he agaldst the central government or any officer of that government, or the cement corporation or the g~vernment company, or any offtcer or other person authorised by that government or corporation or government company for anything which is in good faith done or intended to be dolte under so this act,  i , 1_ i  _ (2) no suit or other legal proceeding shal1lie against the clentral government or any of its officers or other employees, or the cement corporation or the government company, or any officer or other person authorised by that corporation or company for any damage caused or ukely 5 to be caused by anything which is in good faith done or intended to be done under this act delegation of powers ft (1) the central government may, by notification, direct that all or any of the powers exercisable by it under this act, other than the power conferred by section 29, may also be ,exercised by such person 10 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 21 any person who,-penalt1elt is (4) having in his porsesrion custody or control any property or assets forming part of the cement undertakings' of the company, wrongfully withholds such property- or asset" from the central government or the cement corporation or the government company; or t· 20 (b) wrongfully obtains possession of, or retains, any property or assets forming part of the cement undertakings of the company or wilfully withholds or fails to furnish to the central government, or the cement corporation or the government company, oj" any person or body of persons specified by that government or corporation or government company, any document relatin~ to such undertakings which may be in his possession, custodv or control or fails to deliver to the central government, or the cement corporation or the government company, or any person or bodv of personi'!' specifled by that government ot' corporation or government company, any property, assets, books of account, remsters or other documents in his possession, custody or control, relating to the cement undertakings of the company; ~r 30 - (el wrongfully removes or destroyes any property or asset forming part of the cement undertakings of the company or prefers any 35 claim under this act which he knows or has rea'1onable cause to li>w1 believe to be false or grossly inaccurate ~ , f shall be punishable with imprisonment for a term which may extend , to two yelll'll, or with fine which may extend to ten thousand rupees, or ~, with both ;  40 til (1) mere an offence under this act has been committed by a company, every person who at the time the ofl'enee was committed was in charge of, and was responsible to, the company for the conduet 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 45 punished accordingly: provided that nothing contained in this sub-section shall rent!er ilny such person iiable to any punishment, if he proves that the offence was committed without his knowledge (\r that he had exercised all due diligence fo 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 oftence 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 of the company, such director, mana-5 ger, secretary, or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly e1'p~tion-for the purposes of this section,-,  (a) "company" means any body corporate and includes a firm or other association of individuals; 10 (b) "director", in relation to a firm, means a partner in the firm 29 (1) the central government may, by notiftcation, make rules for carrying out the provisions of this act power to make rules '(2) in parttcular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following is matters, namely:- (4) the time within which and the manner in which, an intimation shan be given to the commissioner under sub-section "(3) of section 4; ", "''\ (b) the manner in whicli the moneys in any provident fund or 20 other fund referred to in section 12 shall be dealt with; (e) any other matter which is required to be, or may be, 'prescribed ' "'" " '- ,  "'"'l""'''f1" ~ (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 par- 25 jiament while it is in session, for a total period of thirty days which may he comprised in one session or in two or more successive sessions, and if before the expiry ar the session immediately following the session or the suc('essive sessions aforesam both houses a~ee in making any modification in the rule or both houses agree that the rule should not be 30 made the rule shall thereafter have" effect only in such modified f<>rm or be of no effect, as the case mav be; so, however, that any such modfftcation or annulment shall be without prejudice to the validity of anything previously done undcr that rule ' so tf any dffftculty arlses in p,ivin~ effect to the llt'ovlsions of this act, 35 the central government may, bv order, not inconsistent with the provisions of this act, remove the difficulty: " power to remove diftlculties provided that no stich order shall be made after the expfry of a pertod of two yeat's from the appointed day " 31 it is hereby declared that this act is for giving effect to the policy 40 of the state towards securing the princlples specified in clause (b) of article 39 of the constitution declaratim uto the: ,ucy of the state explfjnation-tn this section, "state" has the same meantng as in article 12 of the constitution, i  '\ l:ategotry i s wages, salaries and other dues of the employees of the company c:atef/o'rjl ii  \ (i) loans advanced by the central government by defennent of excise duty (ii) loans advanced by the state government by deferment of royalty 10 and sales tax (iii) loans advanced by financial institutions and banks (iv) arrears in relation to contributions to be made by the company to the provident fund, salaries, wages and other amounts due to the employees of the company including contributions to be made under 34 of 194b is the employees' state insurance act, 1948, and any other law for the time being in force providing for such contributions cclitegotji iii revenue, taxes, ceases, rates or any other dues to the central government, a state government, a local authority or a state electricity 20 board cateflmll iv any credit availed of by the company for the purpose of carrying oli any trading or manufacturing operations, as under:-(i) repayment of advances and deposits, received from gov-25 ernment departments and public undertakings for the supply of  cement (ii) repayment of advances and deposits, received from stockists and dealers for the supply of cement (iii) repayment of advances and deposits, received from the 30 general public for the supply of cement category v any other loans category vi over<ii'afts from banks  b'tatement of objects and reasonsthe unsatisfactory funclioding of jaipur udyog limited, one of the largest cement production units in the country, with a licensed capacity of 10 lakh tonnes per annum, has been engaging the attention of the central government due to tinancial difficulties resuluna 1rom miamanagement, the company closed down production durina the period september 1975 to april 1976 to enable the company to restart production from april 1976, financial assistance of about rs i crores was provided by the central government, the state government and the state bank of india the management was also liitrengthened by the inclusion, on the board of management, of representatives of the central government, the state government, the state bank of india and the financial institutions however, the functioning of the company has continued to be unsatisfactory and it has not been able to generate sufficient funds to finance the production or to meet its commitments even for the repayment of deferred excise duty and interest charges the subsidiary unit of the company at kanpur for production of jute goods is also presently closed down 2 the present losses of the company exceed rs 16 crores and the liabilities of the company for repayment of loans advanced by the central government, the state government, the state bank of india and the financial institutions are of the order of about rs 1714 crores an investigation under section 15 of the industries (development and regulation) act, 1951, was ordered on the 22nd july, 1978 into the working of the company mter considering the report of the investig&tillg committee and taking into account the continued unsatisfactory functioning of the company, the losses and the liabilities, the central government has decided that it would be in the public interest to acquire the cement undertakings of the company and transfer them to the cement corporation ot india which is a public sector undertaking engaged in the manufacture and sale of cement 3 the bill seeks to give effect to the above object new delhi; tlle 23rd april, 1979 george fernandes president's recommendation under article 117 of the constitution of india [copy of letter no 9-11-cement/78/m47-int, dated the 24th april, 1979 from shri george fernandes, minister of industry to the secretary, lok sabha] the president, having been informed of the subject matter of the jaipur udyog limited (acquisition and transfer of cement undertakings) bill, 1979, has been recommended under article 117 (1) and (3) of the constitution of india, the introduction in and consideration by lok sabha of the said bill in the current session sub-clause (1) of clause 80f the bill provides for the payment in cash, and in the manner specified in chapter vi of the bill, an amount of rupees ten crores and twenty-seven lakhs, for vesting in the central government, the right, title and the interest of the jaipur udyog limited in relation to its cement unit 2 sub-clause (2) of clause 8 provides for the payment of simple interest at the rate of 4 per cent per annum for the period commencing from the date the legislation comes into force and ending on the day on which payment of the amount specified in sub<llause (1) is made by the c~ntral government to the commissioner ,of payments it is estimated that the interest payment in terms of the provisions of sub-clause (2) is lil(ely to be of the order of about rs 342 lakhs per month 3 clause 13 of the bill provides for appointment of commissioner of payments by the government with adequate staff to assist him for the purpose of di9bursing the amount payable to the company the salary and allowances of the commissioner of payments and hi's staff and expenditure on office and establishment will be defrayed out of the consolidated fund of india the estimated expenditure on this account i's likely to be of the order of rs 15,000 per month 4 at the time of restart of production by the end of april, 1976, after closure, the banks and financial institutions were not agreeable to advancing further amounts to the company for restarting production unle~s the central and state governments were also involved in the nursing programme in view of the huge requirements of funds at the instance of the central government, the state bank of india closed its earlier account with the company and extended frseh cash credit faci1itips to enable the company to restart its production in addition, the banks continue to provide facilities for current operations 5 it was, therefore, felt that government having sponsored the nursini programme of the company it would not be appropriate to deny necessary protection to the dues of the banks and financial institutions it was, therefore, decided that after taking into account the amounts they are likely to get in accordance with the priorities provided in the bill and the amounts that they would be expected to get by recourse to legal remedies available to them, government would take note of the shortfall and pay the amounts to the banks and financial institutions the shortfall is estimated to be about rs 6 crores payment in pursuance of this decision will be made after due appropriation by parliament by law 6 funds will also have to be provided to the company for a "first aid" operation in the short term for which the financial requirements have been estimated at rs 150 lakhs by the investigating committee consistent with the need for economy in expenditure particularly in the case of a unit like jaipur udyog limited the government has already given an undertaking to the industrial development bank of india ~r a short term loan of rs 85 lakhs to the company to enable them to undertake the immediate repairs to avoid any possible ma:jor break-down this expenditure is necessary to enable the company to undertake immedi3te repairs of or replacements for the plant to operate at the capacity ie'/el for the next 4 to i) years a further investment of the order ot lbout rs· 15 crores would also be necessary for the long term rehabilitation of the cement unit of the company 7 the bill, it enacted, is not likely to involve any other recurring or non-recurring expenditure  memorandum regarding delegated legisilationclause 29 of the bill empowers the central government to make rules to carry out the provisions of the bill such rules may provide for matters, such as-(a) the time within which, and the manner in which, an lntimation referred to in sub-clauae (3) of clause 04 of the bill shall be given; and (b) the manner in which the moneys in any provident fund or other fund referred to in clause 12 shall be dealt with the matters in respect of which such rules may be made are matters of procedure and admi'nistrative detail and it is not practicahle to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character '\~"    --~~- -- to provide for, in the public interest, the acquisition and transfer '~f the right, title and interest of the jaipur udyog limited in relation to'ita cement undertakings, for the purpose of ensuring continuity of production of cement which is essential to the needs of the community, the industries and other developmental projects in the country and for matters connected therewith or incidental thereto (shri george ferrwmde, minister of inlium'y) 