Section 7 of The Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002
- (1)The Central Government shall, on and from the appointed day, appoint a person or a body of persons, as the Administrator of the specified undertaking of the Unit Trust of India for the purpose of taking over the administration thereof and the Administrator shall carry on the management of the specified undertaking of the Trust for and on behalf of the Central Government.
- (2)The Central Government may issue such directions (including directions as to initiating, defending or continuing any legal proceedings before any court, tribunal or other authority) to the Administrator as to his powers and functions as that Government may deem desirable and the Administrator may apply to the Central Government at any time for instructions as to the manner in which he shall conduct the management of the specified undertaking or in relation to any matter arising in the course of such management.
- (3)Subject to the other provisions of this Act and the Schemes made thereunder and the control of the Central Government, the Administrator shall be entitled, notwithstanding anything contained in any other law for the time being in force, to exercise, in relation to the management of the specified undertaking, the powers specified under section 10 including powers to dispose of any property or assets of such specified undertaking whether such powers are derived under any law for the time being in force.
- (4)Every person having possession, custody or control of any property forming part of the specified undertaking of the Trust shall deliver forthwith such property to the Administrator.
- (5)Any person who, on the appointed day, has in his possession or under his control any books, papers or other documents relating to the specified undertaking, including the minutes book containing the resolutions of the persons in charge of the management of the specified undertaking before the appointed day, the current cheque books relating to the specified undertaking, any letters, memoranda, notes or other communications between him and the Trust so far they relate to the specified undertaking shall, notwithstanding anything contained in any other law for the time being in force, be liable to account for the books, papers and other documents (including such minutes book, letters, memoranda, notes or other communications) to the Administrator.
- (6)Any person in charge of the management of the specified undertaking immediately before the appointed day shall, within ten days from that day or within such further period as the Central Government may allow in this behalf, furnish to the Administrator the complete inventory of all the properties and assets (including particulars of book-debts and investments and belongings) forming part of the specified undertaking immediately before the appointed day and of all the liabilities and obligations of such specified undertaking, in relation to its administration, subsisting immediately before that day, and also of all agreements relating to specified undertaking entered into by the Trust in relation to its administration and in force immediately before that day. .
- (7)The Administrator shall receive from the funds of the specified undertaking such remuneration as the Central Government may fix.
Summary
- The Central Government appoints an Administrator to take over and manage the specified undertaking.
- The government can give the Administrator directions on how to handle their duties, including legal matters.
- Anyone holding property or documents related to the specified undertaking must immediately hand them over to the Administrator.
- Former managers have ten days to provide a complete list of properties, debts, and agreements.
- The Administrator receives a salary from the undertaking's funds, and the government decides the amount.
Practical examples
FAQ
1. Who appoints the Administrator?
The Central Government appoints the Administrator to manage the specified undertaking.
2. What happens if a person has documents belonging to the undertaking?
They must account for all books, papers, and documents and deliver them to the Administrator.
3. How is the Administrator paid?
The Administrator is paid from the funds of the specified undertaking, with the exact amount fixed by the Central Government.
Test yourself
Q1.Under Section 7 of The Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002, who is responsible for appointing the Administrator?
Q2.Under Section 7 of The Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002, how much time do former managers have to provide a complete inventory of assets?
Q3.Under Section 7 of The Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002, where does the Administrator's remuneration come from?
Q4.Under Section 7 and Section 10 of The Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002, what limits the Administrator's power to dispose of property under Section 10?
Q5.Under Section 7 of The Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002, can the Central Government issue directions to the Administrator regarding legal proceedings?