Chapter VI COMMISSIONER OF PAYMENTS

(1) For the purpose of disbursing the amounts payable to the owner of the textile undertaking in accordance with section 7, the State Government shall, by payments notification in the Official Gazette, appoint a Commissioner of Payments who shaft exercise the powers conferred and perform the duties imposed on him by or under this Act. (2) The State 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 exorcise any powers may exercise these 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) Salaries and allowances of the Commissioner and other persons appointed under this section shall be defrayed out of the Consolidated Fund of the State.

(1) The State Government shall, within thirty days from the date of publication of the notification appointing the Commissioner, pay in cash to the Commissioner, for payment to the owner of the textile undertaking an amount equivalent to the amount determined by the Commission. (2) A deposit account shall be opened by the State Government, in favour of the Commissioner, in the Public Account of the State, and the amount paid to the Commissioner under sub-section (1) shall be deposited by him to the credit of the said deposit account in the Public Account of the State and thereafter the said deposit account shall be operated by the Commissioner. (3) Records shall be maintained by the Commissioner in relation to which payments have been made to him under this Act. (4) Interest accruing on the amount standing to the credit of the deposit account referred to in sub-section (2) shall accrue to the benefit of the owner of the textile undertaking.

1[Every person having a claim against the owner of the textile undertaking shall prefer such claim before the Commissioner within thirty days from the date of publication of a notice issued by the Commissioner inviting such claims:] 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,

The claims arising out of the matters specified in the Schedule 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 category except category III shall rank equally and be paid in full,, but if the amount is insufficient to meet such claims in Kill, they shall abate in equal proportions and be paid accordingly; (c) the liabilities specified in category III shall be discharged subject to the priorities specified in this section, in accordance with the terms of the secured loan and the priority inter se, of such loans; and (d) the question of payment of liability with regard to a matter specified in a succeeding category shall arise if a surplus is left after meeting all the liabilities specified in the immediately preceding category.

(1) On receipt of the claims under section 17, the Commissioner shall arrange of claims in the order of priority specified in the Schedule and examine the same in accordance with the said order. (2) If on examination of the claims the Commissioner is of the opinion that the amount paid to turn under this Act is not sufficient to meet the liabilities specified in any succeeding category, he shall not be required to examine the liabilities, in respect of such succeeding category.

(1) After examining the claims with reference to priority set out in the Schedule, the Commissioner shall fix a certain date on or before which every claimant shall, file the proof of his claim or be excluded from the benefit of disbursement made by the Commissioner. (2) Not less than fourteen days notice of, the date so fixed shall be given by advertisement in one issue of the daily newspaper in the English language and one issue of the daily newspaper in the regional language as the Commissioner may consider, suitable and every such notice shall call upon the claimant to file the proof of the 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 specified by the Commissioner shall be excluded from the disbursements made by the Commissioner. (4) The Commissioner shall, after such investigations, as may in his opinion be necessary and after giving the owner of the textile undertaking an opportunity of refuting the claim and after giving the claimant a reasonable opportunity of being heard, in writing, admit or reject the claim in whole or in part. (5) The Commissioner shall have the same powers as are conferred on the Commission in sub-section (5) of section 14 in the matter of regulating his own procedure and making any investigation for discharge of the functions conferred on him. (6) An investigation before the Commissioner shall be deemed to be the judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, 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. (7) A claimant who is dissatisfied with the decision of the Commissioner may prefer an appeal against that decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the textile undertaking is situated: Provided that where a person who is a judge of the , High Court is appointed to be the Commissioner, such appeal shall lie to the High Court for the State and it shall be heard and disposed of by not less than two other judges of the High Court.

After admitting a claim under this Act, the amount due in respect of such claim shall be credited by the Commissioner to the relevant fund or be paid to the person or persons to whom such sums are due and on such credit or payment the liability of the owner in respect of such claim shall stand discharged.

(1) If out of the money paid to him in relation to the textile undertaking there is a balance left after meeting the liabilities as specified in the Schedule, the Commissioner shall disburse such balance to the owner of the textile under taking. (2) Before making any payment to the owner of the textile undertaking under sub-section (1), the Commissioner shall satisfy himself as to the right of such person to receive the whole or any part of such amount, and in the event of there being a doubt or dispute as to the right of the person to receive the whole or any part of the amount referred to in section 9, the Commissioner shall refer the matter to the Court, and make the disbursement in accordance with the decision of the Court. (3) Where any machinery, equipment or other property, in the textile under taking has vested in the Corporation, but such machinery, equipment or other property does not belong to the owner of such textile undertaking, the amount determined under sub-section (1) of section 14 shall, on a reference made to the Court by the Commissioner, be apportioned by the Court between the owners of such machinery, equipment of other property having due regard to the value of such machinery; equipment or other property on the appointed day. Explanation - In this section, "Court" in relation to the textile undertaking, means the principal civil court of original jurisdiction within the local limits of whose jurisdiction the textile undertaking is situated.

Any money paid to the Commissioner which remains undisbursed or unclaimed For a period of three years from the last day on. which the disbursement was made, shall be transferred by the Commissioner to the general revenue account of the State Government but a claim to any money so transferred may be preferred to the State Government by the person entitled to such money and shall be dealt with as if such transfer had not been made, the order, if any, for payment of the claim being treated as an order for the refund of revenue.