Claims to be satisfied out of amounts deposited

The Bobbili and Seethanagaram (Acquisition and Transfer of Sugar Undertakings) Act, 1986

General198625 sections

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Statutory text

(1) The Corporation may prefer to the prescribed authority any claim based on any loss sustained by the Corporation by reason of any property, asset, book of account, register or any other document relating to the sugar undertakings not having been delivered in accordance with the provisions of section 6.
(2) Any cane-grower or canegrowers' Co-operative Society may prefer to the prescribed authority any claim in respect of price of Sugarcane supplied by him or by its members, as the case may be, to the Sugar undertakings at any time not earlier than three years of the pre-take over management period.
(3) Without prejudice to the provisions of sub-section
(2) the Corporation may send to the prescribed authority a certificate containing particulars of any outstanding dues referred to in that sub-section.
(4) The Employees' Provident Fund Commissioner or Employees' State Insurance Corporation may send to the Corporation a certificate in respect of either the employers' contribution or the employees' contribution realised by the employer or any other dues recoverable from the employer under the Employees' Provident Fund Act, 1952, or the Employees, State Insurance Act, 1948, as the case may be, in respect of any person who was employed in connection with the sugar undertakings immediately before the appointed day,which the employer may have failed to pay in accordance with the provisions of the respective Acts. Thereupon the corporation shall pay all such dues, and make claim under clause
- (a) of sub-section
(7) of section 8.
(5) Any person who was employed exclusively in connection with the Sugar undertaking immediately before the appointed day, whether he does or does not become an employee of the Corporation under section 18, or ceases to be in such employment or any trade union of which such person was a member, may prefer to the prescribed authority any claim relating to any salary, wages, retaining allowances, leave salary, bonus, pension, provident fund, gratuity or other payment due to him or the proportionate amount thereof, in respect of any service rendered by him in connection with the sugar undertakings at any time not earlier than three years of the pretake over management period.
(6) Without prejudice to the provisions of sub-section
(5) the Corporation may send to the prescribed authority a certificate containing particulars of any outstanding dues referred to in that sub-section in so far as they relate to persons who were employed as aforesaid before the appointed day and who, on and from the appointed day, become employees of the Corporation under section 18.
(7) A claim mentioned in sub-section (1), or sub-section (2), or sub-section
(5) may be preferred whether or not a degree or award has been obtained on the basis thereof and it shall conform generally to the requirements of Orders VI and VII of the Code of Civil Procedure, 1908, as if it were plaint.
(8) A certificate mentioned in sub-section
(3) or sub-section
(6) may be sent whether or not any recovery certificate or other process has been issued or other legal proceedings have been taken before the appointed day in respect of dues referred to in that sub-section, and shall be conclusive evidence of the matters stated therein.
(9) Every other person having a claim against the Company with regard to any of the matters specified in the Second Schedule, pertaining to the sugar undertakings owned by it, shall prefer such claim before the prescribed authority and the prescribed authority shall give notice of every claim preferred to it or certificate received by it under this section to all persons known or believed to be interested in the Su-gar Undertakings or to be entitled to act for persons interested in the manner prescribed.

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