GREAT EASTERN HOTEL (ACQUISITION OF UNDERTAKING) ACT, 1980
This Act may be called the Great Eastern Hotel (Acquisition of Undertaking) Act, 1980.
In this Act, unless the context otherwise requires,
(a) "appointed day" means the date on which this Act comes into force;
(b) "company" means the Great Eastern Hotel Limited;
(c) "Hotel Authority" means the Great Eastern Hotel Authority constituted under section 5;
(d) "notification" means a notification published in the Official Gazette;
(e) "prescribed" means prescribed by rules made under this Act;
(f) "undertaking of the com
(1) On and from the appointed day, the undertaking of the company shall, by virtue of this Act, stand transferred to, and vest absolutely in, the State Government.
11. Sub-sec. (2) subs. by W.B. Act 37 of 1989. Original sub-sec. (2) was as under: "(2) Upon the vesting of the undertaking of the company in the State Government under sub-section (1), the State Government shall for efficient management and administration thereof, provide by notification for the transfer of the undertaking of the company to, and vesting thereof in, the Hotel Authority with effect from such date as may be specified in the notification.". (2) Upon the vesting of the undertaking of the company in the State Government under sub-section (1), the State Government may, for efficient management and administration thereof, provide by notification for the transfer of
(1) The undertaking of the company which has vested in the State Government under sub-section (1) of section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other incumbrances affecting it, and any attachment, injunction or decree or order of any court or tribunal restricting the use of the whole or any part of the undertaking of the company in any manner shall be deemed to have been withdrawn.
(2) Any contract, whether express or implied, or other arrangement, whether under any statute or otherwise, in so far as it relates to the affairs of the company in relation to its undertaking and in force immediately before
(3) Where any licence or other instrument in relation to the
(1) As soon as may be after the coming into force of this Act, the State Government shall by notification constitute a Hotel Authority to be called the Great Eastern Hotel Authority.
(2) The Hotel Authority shall be a body corporate having perpetual succession and a common seal, shall have power to acquire, hold and dispose of property, both movable and immovable, to enter into contracts and to do all other things necessary for the purposes of this Act and shall by its name sue and be sued.
(1) The Hotel Authority shall consist of the following members:
(a) a Chairman,
(b) a Vice-Chairman, and
(c) five other members, to be appointed by the State Government.
(2) The Chairman, the Vice-Chairman and five other members shall be nominated by the State Government of whom:
(a) one shall be chosen from among persons associated with any of the banks specified in column 2 of the First Schedule to 33. Words, brackets and figures subs. for the words, brackets and figures "the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1969," by W.B. Act 11
The Hotel Authority shall meet at such place and at such time, and shall observe such rules or procedure in regard to the transaction of business at its meetings (including the quorum at its meetings) as may be prescribed.
(1) The Hotel Authority may, with the previous approval of the State Government, borrow money for carrying out the purposes of this Act or for servicing any loan obtained by it.
(2) The Hotel Authority shall not, without the prior approval of the State Government, dispose of any immovable property belonging to that Authority.
There shall be a Fund for the Hotel Authority to which shall be credited
(a) loans and advances, if any, granted to the Hotel Authority by the State Government,
(b) all monies borrowed by the Hotel Authority,
(c) all receipts on account of rents, rates and other charges,
(d) such other sums as may be received by the Hotel Authority from the State Government or any other authority or agency.
(1) The Hotel Authority create such posts and appoint such staff as it may think fit for the exercise of its powers and discharge of its duties under this Act:
Provided that prior approval of the Government shall be necessary for
(i) creation of any post, the maximum of the pay scale of which exceeds Rs. 1500.00 per month, and
(ii) any revision of scales of pay and allowances.
(2) Every expenditure incurred by the Hotel Authority, including the expenditure incurred by it for meeting the salaries and allowances of the staff employed by it, shall be defrayed out of the Fund of the Hotel Authority.
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Subject to such rules as may be made by the State Government in this behalf, the Hotel Authority shall be responsible for
(a) the general superintendence, direction, control and management of the affairs and business of the company,
(b) the formulation, subject to the approval of the State Government, of plans for the development of the company and the execution of such plans.
(1) The State Government shall deposit, in cash, in the Court of the Chief Judge of the City Civil Court, Calcutta, to the credit of the company, the sum of rupees seventy-three lakhs as compensation for the transfer to, and vesting in, the State Government, under sub-section (1) of section 3, of the undertaking of the company.
(2) For the removal of doubts, it is hereby declared that the liabilities of the company, other than the liabilities referred to in sub-section (5) of section 4, in relation to its undertaking which has vested in the State Government under sub-section (1) of section 3 shall be met from the amount referred to in sub-section (1) of this section.
(3) Every person having a claim against the company shall prefer such claim bef
(1) Any person who,
(a) having in his possession, custody or control any property forming part of the undertaking of the company, wrongfully withholds such property from the State Government or any person authorised by that Government in this behalf, or
(b) wrongfully obtains possession of, or retains, any property forming part of the undertaking of the company or wilfully withholds or fails to furnish to the State Government or any person specified by that Government any document relating to the undertaking of the company which may be in his possession, custody or control or fails to deliver to the State Government or any person specified by that Government any assets, books of account, registers or other documents in his custody relating to the undertaking of the company, or
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(1) Where an offence under this Act has been committed by a company, every person wbo at the time the offence was committed was in charge of, and was responsible to, the company 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 be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to 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 i
No suit, prosecution or other legal proceeding shall lie against the State Government or any officer or other employee serving in connection with the affairs of the undertaking of the company for anything which is in good faith done or intended to be done under this Act.
(1) Every person employed in connection with the affairs of the undertaking of the company, who has been in such employment immediately before the appointed day, shall continue to hold office after the coming into force of this Act with the same rights and privileges as to pension, gratuity and other matters to which he was entitled immediately before the appointed day and shall, on and from the date specified in the notification under sub-section (2) of section 3, become an employee of the Hotel Authority and shall hold office under the Hotel Authority on the same terms and conditions as before and shall continue to do so unless and until his employment under the Hotel Authority is duly terminated or until his remuneration, terms and conditions of employment are duly altered by the Hotel Authority.
(2) Notwithstanding anything contain
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law in force for the time being or in any instrument having effect by virtue of any law other than this Act or in any judgement, decree or order of any court, tribunal or other authority.
(1) The State Government may by notification direct that all or any of the powers exercisable by it under this Act, other than the power to make rules, may also be exercised by such person or persons as may be specified in the notification.
(2) Whenever any delegation of power is made under sub-section (1), the person or persons to whom the power has been delegated shall act under the direction, control and supervision of the State Government.
(1) The State Government may by notification make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters which may be, or are required to be, prescribed.
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order not inconsistent with the provisions of this Act, remove the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date of coming into force of this Act.
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