Lawgist16BPower to cause investigation to be made in relation to a tea undertaking or tea unit
1[16B. Power to cause investigation to be made in relation to a tea undertaking or tea unit.--(1) Where the Central Government is of opinion in respect of a tea undertaking or a tea unit that--
(a) the tea undertaking or, as the case may be, the tea unit, has made losses in three out of five years immediately preceding the year in which such opinion is formed; or
(b) the average yield of the tea undertaking, or, as the case may be, the tea units, during three years out of five years immediately preceding the year in which such opinion is formed, has been lower than the district average yield by twenty-five per cent, or more; or
(c) the persons owning the tea undertaking, or, as the case may be, the tea unit, have habitually made default in the payment of wages, or provident fund dues of workers and other employees, or rent of the land, or duties of excise, or such other dues as they are under an obligation to pay under any law for the time being in force; or
(d) the tea undertaking, or, as the case may be, the tea unit, is being managed in a manner highly detrimental to the tea industry or to public interest,
the Central Government may make, or cause to be made, a full and complete investigation into the affairs of the tea undertaking or, as the case may be, the tea unit, by such person or body or persons as it may appoint for the purpose.
(2) Where a company owning a tea undertaking is being wound up by or under the supervision of the Court and the business of such company is not being continued, the Central Government may, if it is of opinion that it is necessary, in the interests of the general public, and, in particular, in the interest of production, supply or distribution of tea, to investigate into the possibility of running or restarting the tea undertaking, make an application to the Court praying for permission to make, or cause to be made, an investigation into such possibility by such person or body or persons as that Government may appoint for the purpose; and, where such an application is made, the Court shall, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956), or in any other law for the time being in force, grant the permission prayed for.
(3) The person or body of persons appointed to make any investigation under sub-section (1) or, as the case may be, sub-section (2), shall have the same powers as are specified in section 18 of the Industries (Development and Regulation) Act, 1951 (65 of 1951).]
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1. Ins. by Act 75 of 1976, s. 2 (w.e.f. 11-6-1976).
- 16A Definitions
- 16B Power to cause investigation to be made in relation to a tea undertaking or tea unit
- 16C Power of Central Government on completion of investigation
- 16D Power of Central Government to assume management or control of tea undertaking or tea unit in certain cases
- 16E Power to take over tea undertaking or tea unit without investigation under certain circumstances
- 16F Contracts in bad faith, etc., may be cancelled or varied
- 16G Application of Act 1 of 1956
- 16H Power of Central Government to cancel notified order under section 16D or 16E
- 16 Tea nurseries
- 16J Power of Central Government to make certain declarations in relation to tea undertakings or tea unit
- 16K Power of Central Government to call for report on the affairs and working of a managed tea undertaking or tea unit
- 16L Preparation of an inventory of the assets and liabilities and list of members and creditors of managed tea undertaking or tea unit
- 16LL Debts incurred and investments made by the authorised person to have priority
- 16M Bar of suits and other proceedings in relation to the tea undertakings or tea units
- 16N Rules made under Act 65 of 1951 to apply
