Cos 378M — Concession etc., to be deemed to have been granted to Producer Company

Companies Act, 2013

Statutory text

With effect from  the  date  of  transformation,  all  fiscal  and  other  concessions, licences,  benefits,  privileges  and exemptions granted to the inter-State co-operative society in connection with the affairs and business of the inter-State  co-operative society  under  any  law  for the time  being  in force shall  be  deemed  to  have  been granted to the Producer Company.
378N. Provisions in respect of officers and other employees of inter-State co-operative society.—
(1) Notwithstanding anything contained in section 378-O, all the directors in the inter-State co-operative society before the incorporation of the Producer Company shall continue in office for a period of one year from the date of transformation and in accordance with the provisions of this Act.
(2)  Every  officer  or  other  employee  of  the  inter-State  co-operative  society  (except a  director  of  the
Board,  Chairman  or  Managing  Director)  serving  in  its  employment immediately  before  the  date  of transformation shall, in so far as such officer or other employee is employed in connection with the inter-
State  co-operative  society  which has  vested  in  the  Producer  Company  by  virtue  of  this  Act, become,  as from the date of transformation, an officer or, as the case may be, other employee of the Producer Company and shall hold his office or service therein by the same tenure, at the same remuneration, upon the same terms and conditions, with the same obligations and with the same rights and privileges as to leave, leave travel  concession,  welfare  scheme, medical  benefit  scheme,  insurance,  provident  fund,  other  funds, retirement, voluntary retirement, gratuity and other benefits as he would have held under the erstwhile inter-

State co-operative society if its undertaking had not vested in the Producer Company and shall continue to do so as an officer or, as the case may be, other employee of the Producer Company.
(3) Where an officer or other employee of the inter-State co-operative society opts under sub-section (2) not to be in employment or service of the Producer Company, such officer or other employee shall be deemed to have resigned.
(4)  Notwithstanding  anything  contained  in  the  Industrial  Disputes  Act,  1947 (14  of  1947) or in  any other law for the time being in force, the transfer of the services of any officer or other employee of the inter-State co-operative society to the Producer Company shall not entitle such officer or other employee to any compensation under this Act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.
(5)  The  officers  and  other  employees  who  have  retired  before  the  date  of transformation  from  the service of the inter-State co-operative society and are entitled to any benefits, rights or privileges, shall be entitled to receive the same benefits, rights or privileges from the Producer Company.
(6) The trusts of the provident fund or the gratuity fund of the inter-State co-operative society and any other bodies created for the welfare of officers or employees shall continue to discharge functions in the Producer Company as was being done hitherto in the inter-State co-operative society and any tax exemption granted to the provident fund or the gratuity fund would continue to be applied to the Producer Company.
(7) Notwithstanding anything contained in this Act or in any other law for the time being in force or in the  regulations  of  the  inter-State  co-operative  society,  no director  of  the  Board,  Chairman,  Managing Director or any other person entitled to manage the whole or substantial part of the business and affairs of the inter-State co-operative society shall be entitled to any compensation against the inter-State co-operative society or the Producer Company for the loss of office or for the premature termination of any contract of management entered into by him with the inter-State co-operative society.

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