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Section 24 -Air Corporations Act, 1953

Air Corporations Act, 1953

 

 

24. Transactions resulting in dissipation of assets.—

 

1(1) This section shall apply where any existing air company has, after the first day of July, 1952, and before the appointed date,—

 

(a) made any payment to any person without consideration or for an inadequate consideration;

 

(b) sold or disposed of any of its properties or rights without consideration or for an inadequate consideration;

 

(c) acquired any property or rights for an excessive consideration;

 

(d) entered into or varied any agreement so as to require an excessive consideration to be paid or given by the company;

 

(e) entered into any other transaction of such an onerous nature as to cause a loss to or impose a liability on the company exceeding any benefit accruing to the company; or

 

(f) sold or otherwise transferred any aircraft, equipment, machinery or other property of book value exceeding rupees ten thousand; and the payment, sale, disposal, acquisition, agreement or variation thereof, or other transaction or transfer, was not reasonably necessary for the purposes of the company or was made with an unreasonable lack of prudence on the part of the company, regard being had in either case to the circumstances at the time.

 

(2) Either of the Corporations may, in the case of any such existing air company as is referred to in sub-section (1) the undertaking of which has vested in the Corporation under this Act, at any time within 1[one year] from the appointed date, apply for relief to the Tribunal in respect of any transaction to which in the opinion of the Corporation this section applies, and all parties to the transaction shall, unless the Tribunal otherwise directs, be made parties to the application.

 

(3) Where the Tribunal is satisfied that a transaction in respect of which an application is made is a transaction to which this section applies, then, unless the Tribunal is also satisfied that the transaction was a proper transaction made in the ordinary course of business regard being had to the circumstances at the time and was not in any way connected with any provision, made by this Act or with any anticipation of the making of any such provision, the Tribunal shall make such order against any of the parties to the application as the Tribunal thinks just having regard to the extent to which those parties were respectively responsible for the transaction or benefited from it and all the circumstances of the case.

 

(4) Where an application is made to the Tribunal under this section in respect of any transaction and the application is determined in favour of the Corporation, the Tribunal shall have exclusive jurisdiction to determine any claims outstanding in respect of the transaction.

 

————

1. Subs. by Act 10 of 1954, sec. 4 (w.e.f. 30-1-1954).

 

 

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Air Corporations Act, 1953

 

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