Section 27 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986
Penalties.
Any person who,--
- (a)having in his possession, custody or control any property forming part of any of the textile undertakings, wrongfully withholds such property from the National Textile Corporation; or
- (b)wrongfully obtains possession of, or retains any property forming part of any of the textile undertakings; or
- (c)wilfully withholds or fails to furnish to the National Textile Corporation or any person or body of persons specified by that Corporation, any document or inventory relating to any of the textile undertakings which may be in his possession, custody or control; or
- (d)wilfully fails to deliver to the National Textile Corporation any inventory or property and assets forming part of any of the textile undertakings; or
- (e)fails to deliver to the National Textile Corporation or any person or body of persons specified by that Corporation, any assets, books of account, registers or other documents in his possession, custody or control relating to any of the textile undertakings; or
- (f)wrongfully removes or destroys any property forming part of any of the textile undertakings or prefers any claim under this Act which he knows or has reason to believe to be false or grossly inaccurate, shall be punishable with imprisonment for a term which may extend to two years and with fine which may extend to ten thousand rupees.
Summary
- This provision creates strict criminal penalties for anyone who wrongfully keeps property or hides documents that belong to the transferred textile mills.
- It makes it illegal to wrongfully remove or destroy any property forming part of the undertakings.
- It specifically criminalizes making a claim for payment under the Act that the person knows is false or grossly inaccurate.
- The punishment for committing any of these offenses is up to two years in prison along with a fine.
- The fine for these offenses can be up to ten thousand rupees.
Practical examples
FAQ
1. What is the punishment for hiding property under Section 27 of the Swadeshi Cotton Mills Company Limited Act?
Under Section 27 of the Swadeshi Cotton Mills Company Limited Act, hiding property is a crime. A person can be sent to prison for up to two years. They might also have to pay a fine of up to ten thousand rupees.
2. Does Section 27 of the 1986 cotton mills takeover law punish false claims?
Yes, Section 27 of the 1986 cotton mills takeover law punishes false claims. It is illegal to make a claim that a person knows is false or highly inaccurate. Doing so can lead to prison time and a fine.
3. According to Section 27 of the Swadeshi Cotton Mills Act, is it illegal to keep business documents?
According to Section 27 of the Swadeshi Cotton Mills Act, it is illegal to keep business documents. A person must not intentionally fail to give up documents, registers, or account books. Anyone holding these items must hand them over to the National Textile Corporation.
Test yourself
Q1.Under Section 27 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, what is the exact combination of maximum penalties a judge can impose for destroying mill property?
Q2.Which of the following acts is NOT explicitly listed as an offense under Section 27 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986?
Q3.Under Section 27 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, who must a person wrongfully withhold property from to trigger the penalty?
Q4.According to Section 27 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, what level of falsity must a claim have to become punishable?