Section 18 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986
Claims to be made to the Commissioner.
Every person having a claim against the Company in relation to the textile undertakings with regard to any of the matters specified in the Schedule shall prefer such claim before the Commissioner within thirty days from the specified date: Provided that if the Commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, he may entertain the claim within a further period of thirty days, but not thereafter.
Summary
- Anyone with a claim against the company relating to the textile undertakings must submit it to the Commissioner.
- The claim must involve matters listed in the Schedule of the Act.
- You must file the claim within thirty days from the specified date.
- If you have a good reason for missing the deadline, the Commissioner can give you up to thirty more days.
- After this maximum extra period of thirty days, no claims will be accepted under any circumstances.
Practical examples
FAQ
1. How much time do I have to file my claim?
You have thirty days from the specified date.
2. What happens if I miss the initial thirty-day deadline?
The Commissioner can grant an extension of up to thirty more days, provided you can prove you were prevented from filing by a sufficient cause.
3. Can I file a claim seventy days after the specified date if I have a really good excuse?
No, the maximum allowed time, even with a valid excuse, is sixty days total. The Commissioner cannot entertain claims after that.
Test yourself
Q1.Under Section 18 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, what is the standard time limit for a person to prefer a claim to the Commissioner?
Q2.Under Section 18 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, what is required for the Commissioner to entertain a claim after the initial thirty-day period has expired?
Q3.Under Section 18 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, if a claimant was in a coma for three months and physically could not file a claim, can the Commissioner accept their claim on day ninety?
Q4.Under Section 18 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, the claims to be made to the Commissioner must relate to matters specified in which part of the Act?