Section 15 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986
Appointment of Commissioner of Payments.
- (1)The Central Government shall, for the purpose of disbursing the amounts payable under sections 8 and 9 to the Company, by notification, appoint a Commissioner of Payments.
- (2)The Central Government may appoint such other persons as it may think fit to assist the Commissioner and thereupon the Commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this Act and different persons may be authorised to exercise different powers.
- (3)Any person authorised by the Commissioner to exercise any of the powers exercisable by the Commissioner may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this Act and not by way of authorisation.
- (4)The salaries and allowances of the Commissioner and other persons appointed under this section shall be defrayed out of the Consolidated Fund of India.
Summary
- The Central Government must appoint a Commissioner of Payments by publishing an official notification.
- The Commissioner's specific job is to pay out the compensation amounts owed to the Company under Sections 8 and 9 of the Act.
- The Government can appoint assistants to help the Commissioner with their workload.
- The Commissioner can authorise these assistants to use their powers, and anything the assistants do has the same legal force as if the Commissioner did it directly.
- The salaries and living allowances for the Commissioner and their assistants are paid out of the Consolidated Fund of India.
Practical examples
FAQ
1. Who is responsible for giving the Company the money it is owed?
An official called the Commissioner of Payments, who is appointed by the Central Government.
2. Can the Commissioner hire people to help with the payouts?
Yes, the Central Government can appoint other persons to assist the Commissioner, and the Commissioner can delegate powers to them.
3. Do the assistants have real authority?
Yes, if the Commissioner authorises them, they can exercise powers with the exact same effect as the Commissioner.
4. Where does the money to pay the Commissioner's salary come from?
Their salaries and allowances are defrayed out of the Consolidated Fund of India.
Test yourself
Q1.Section 15 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, creates the Commissioner of Payments to disburse amounts under Sections 8 and 9. Based on those cross-referenced sections, what are these payments compensating the Company for?
Q2.Under Section 15 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, how must the Central Government officially appoint the Commissioner of Payments?
Q3.Under Section 15 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, what is the legal effect when an appointed assistant exercises a power authorised by the Commissioner?
Q4.Under Section 15 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, from what source are the salaries of the Commissioner and their assistants paid?