PRELIMINARYCentral

Section 2 of The Inchek Tyres Limited and National Rubber Manufacturers Limited (Nationalisation) Act, 1984

In this Act, unless the context otherwise requires,--

(a)"appointed day" means the 14th day of February 1984;
(b)"Commissioner" means the Commissioner of Payments appointed under section 15;
(c)"existing Government company" means a Government company which is carrying on business on the appointed day;
(d)"new Government company" means a Government company formed and registered on or after the appointed day;
(e)"notification" means a notification published in the Official Gazette;
(f)"prescribed" means prescribed by rules made under this Act;
(g)"specified date", in relation to any provision of this Act, means such date as the Central Government may, by notification, specify for the purposes of that provision, and different dates may be specified for different provisions of this Act;
(h)"two companies" means the Inchek Tyres Limited and the National Rubber Manufacturers Limited, being companies as defined in the Companies Act, 1956 (1 of 1956), and having their registered offices at "Leslie House", 19 Jawaharlal Nehru Road, Calcutta-700013;
1. (i)words and expressions used herein and not defined but defined in the Companies Act, 1956 (1 of 1956), shall have the meanings respectively assigned to them in that Act.

Summary

The appointed day is defined as February 14, 1984, which is the starting point for nationalisation.
The Commissioner means the Commissioner of Payments, an official appointed under Section 15 to handle and distribute payouts.
An existing Government company is a Government-owned business active on the appointed day, while a new Government company is one registered on or after that day.
A specified date means any date that the Central Government sets by official announcement for a particular rule to take effect.
The term two companies specifically refers to Inchek Tyres Limited and National Rubber Manufacturers Limited, both headquartered at Leslie House, 19 Jawaharlal Nehru Road, Calcutta.
Any legal terms not specifically defined in this Act get their meanings from the old Companies Act of 1956.

Practical examples

1Anita wants to submit a claim for unpaid salary. Her lawyer tells her she must submit it to the Commissioner. Anita looks up Section 2 to confirm that "Commissioner" means the Commissioner of Payments, who is appointed by the government under Section 15 to distribute the funds.

2A government-run company, Bengal Rubber Corp, was registered on March 1, 1984. Under Section 2, because its registration happened after February 14, 1984, it is classified as a "new Government company" rather than an "existing Government company."

3The Ministry of Industry publishes an announcement in the Official Gazette on April 5, 1984, setting the final deadline for filing claims. Under Section 2, this date is legally known as the "specified date" for that provision.

FAQ

1. Who is the Commissioner under this Act?

The Commissioner is the Commissioner of Payments, an official appointed by the Central Government under Section 15 of the Act to handle the money and pay out claims.

2. What is the appointed day?

The appointed day is February 14, 1984, which is the key date when the undertakings of the companies are transferred.

3. Where are the registered offices of the two companies located?

Both companies have their registered offices at Leslie House, 19 Jawaharlal Nehru Road, Calcutta-700013.

Test yourself

Q1.Under Section 2 of The Inchek Tyres Limited and National Rubber Manufacturers Limited (Nationalisation) Act, 1984, the Commissioner is defined as the Commissioner of Payments appointed under Section 15. When read together with Section 15, what is the primary legal purpose of this Commissioner?

Q2.Under Section 2 of The Inchek Tyres Limited and National Rubber Manufacturers Limited (Nationalisation) Act, 1984, who has the authority to appoint the Commissioner of Payments referred to in the definitions?

Q3.Under Section 2 of The Inchek Tyres Limited and National Rubber Manufacturers Limited (Nationalisation) Act, 1984, what is the defining threshold that separates an existing Government company from a new Government company?

Q4.Under Section 2 of The Inchek Tyres Limited and National Rubber Manufacturers Limited (Nationalisation) Act, 1984, where must the registered offices of the two companies be located as per their legal definition?

Q5.Under Section 2 of The Inchek Tyres Limited and National Rubber Manufacturers Limited (Nationalisation) Act, 1984, how are terms defined that are used in the Act but not explicitly listed in Section 2?

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