Bengal Chemical and Pharmaceutical Works Limited (Acquisition and Transfer of Undertakings) Act,1980
Act No : 58
Section : ACCOUNTS TO BE RENDERED BY THE COMPANY OR ANY OTHER PERSON
SECTION 12: ACCOUNTS TO BE RENDERED BY THE COMPANY OR ANY OTHER PERSON.
(1) Where in pursuance of any decree, order or injunction of any court or otherwise-
(a) the authorised persons were, after the date on which the management of the undertakings of the Company was taken over by them under section 18A of the Industries (Development and Regulation) Act, 1951-and before the appointed day; or
(b) the Central Government or the existing, or new, Government company, as the case may be, is, on or after the appointed day, prevented from taking over the management of any part of the undertakings of the Company, or any other person in possession, custody or control of such part, shall in relation to the period commencing on the date of such taking over and ending on the date on which such part was or is handed over to the authorised persons or, as the case may be, the Central Government or the existing or new. Government company, render, within a period of sixty days from the appointed day or where such part was so handed over after the appointed day, within a period of sixty days from the date of such handing over, accounts with regard to the-
(i) assets and stores of the undertakings or any part thereof, acquired, utilised or sold during the said period; and
(ii) income derived by the Company or any other person from the undertakings or any part thereof during the said period, to the Central Government or the existing, or new. Government company, as the case may be.
(2) If, on examination of the accounts referred to in sub-section (1) any income or other monies is or are found to have been derived by the Company or any other person from such undertaking or any part thereof during the period referred to in that sub-section, or any other monies are found to be payable to the Company, such income or other monies shall be recoverable by the Central Government or the existing or new Government company from the Company or such other person, as the case may be, and from the amount payable under this Act to the Company and the debt due to the Central Government or the existing, or new, Government, company, as the case may be, on this account shall rank as an unsecured debt.
(3) If no account is rendered by the Company or such other person in respect of the undertakings or any part thereof within the period referred to in sub-section (1) or if the Central Government or the existing, or new, Government company, as the case may be, has any reason to believe that the account rendered by the Company or such other person is incorrect or false in any material particular, the Central Government or the existing, or new, Government, company, as the case may be, may refer the matter to the Commissioner and thereupon the Commissioner shall determine the income derived by the Company or such other person from such undertakings or any part thereof during the period referred to in sub-section (1) and take steps to recover the said income or other monies from the Company or such other person and from the amount payable to the Company under this Act, as if the debt due to the Central Government or the existing, or new, Government company, as the case may be, on this account were an unsecured debt.
(4) No mortgage, charge, lien or other encumbrance in relation to the undertakings of the Company or any part thereof shall be binding on the Central Government or the existing, or new Government company, as the case may be, if such mortgage, charge, lien or other encumbrance was created, at any time during the period in which the authorised persons were and the Central Government or the existing, or new. Government company, as the case may be, is, prevented by any decree, order or injunction of any court or otherwise, from taking over the management of such undertakings or any part thereof.
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