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State of Gujarat - Section

Section 20 in Gujarat Closed Textile Undertakings (Nationalisation) Act, 1986

20. Disbursement of amounts to the owners of specified textile undertakings.

(1)If out of the monies paid to him in relation to the specified textile undertaking, there is a balance left after meeting the liabilities as specified in Second Schedule, the Commissioner shall disburse such balance to the owner of such specified textile undertaking.
(2)Before making any payment to the owner of the specified 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 7, the Commissioner shall refer the matter to the Court, and, make the disbursement in accordance with the decision of the Court.
(3)For the removal of doubt, it is hereby declared that the entries in column (3) of the First Schedule shall not be deemed to be conclusive as to the right, title and interest of any person in relation to the specified textile undertaking specified in corresponding entry in column (2) of the said Schedule and evidence shall be admissible to establish the right, title and interest of any person in relation to such textile undertaking.
(4)Where any machinery, equipment or other property in the specified textile undertaking has vested in the Corporation, but such machinery equipment or other property does not belong to the owner of such textile undertaking, the amount specified in column (4) of the First Schedule against such textile undertaking shall, on a reference made to the Court by the Commissioner, be apportioned by the Court between the owner of such textile undertaking and the owner of such machinery, equipment or 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 a textile undertaking means the principal civil Court of original jurisdiction within the local limits of whose jurisdiction the textile undertaking is situated.