Bare Act
The Kerala Spinners, Alappuzha (Acquisition and Transfer of Undertaking) Act 2010
Corporate201037 sections
This Act facilitates the government takeover of the "Kerala Spinners Ltd." textile mill in Alappuzha, which had been declared a "sick" company by the Board for Industrial and Financial Reconstruction (BIFR). By acquiring the undertaking and transferring it to the Kerala State Textile Corporation, the law aims to secure the assets and protect the interests of employees. It establishes a clear legal framework for settling the company's debts, prioritizing employee wages and provident funds over other liabilities. The Act also provides a mechanism for compensating the original owners and outlines the process for creditors to claim dues through a government-appointed Commissioner.
- 1. Short title and commencement
- 2. Definitions
- 3. Acquisition of rights of owners in respect of sick textile undertaking
- 4. General effect of Vesting
- 5. Owner to be liable for certain prior liabilities
- 6. State Textile Corporation to form subsidiary corporations
- 7. Shares to be issued by the State Textile Corporation for the value of the assets transferred to it by State Government
- 8. Payment of amount to owners of the sick textile undertaking
- 9. Payment of further amount
- 10. Management, etc., of the sick textile undertaking
- 11. Duty of persons in charge of management of the sick textile undertaking to deliver all assets etc
- 12. Accounts
- 13. Employment of certain employees to continue
- 14. Provident fhwid and other jund'i.
- 15. Transfer of employees to Subsidiary Textile Corporation
- 16. Appbiniment of Commissioner of Payments
- 17. Payment by State Government to the Commissioner
- 18. Claims to be' made to the ComMLssioner.
- 19. Priorizy of claims?
- 20. Earniiation of claThzs.
- 21. ifdmissio, or 'ejeqton 'of the c1aims.
- 22. Appeal
- 23. Disbursement of amount to the owner of sick textile undertaking
- 24. Undisbursed or unclaimed amounts to be deposited to the general revenue account
- 25. Assumption of liability
- 26. Act to over-ride all other enactments
- 27. Contracts to cease to have effect unless ratified by State Textile Corporation
- 28. Penalties
- 29. Offences by companies
- 30. Protection of action taken in good faith
- 31. Delegation of powers
- 32. Power to remove difficulties
- 33. Declaration as to the policy of the State
- 34. Power to make rules
- 35. Repeal and Saving
- First Schedule. The First Schedule
- Second Schedule. The Second Schedule
PDF: pending for this language.