Aluminium Corporation of India Limited (Acquisition and Transfer of Aluminium) Undertaking Act : CENTRAL

Aluminium Corporation of India Limited (Acquisition and Transfer of Aluminium) Undertaking Act,1984

Act No : 43

Section : CENTRAL GOVERNMENT OR THE BHARAT ALUMINIUM COMPANY NOT TO BE LIABLE FOR PRIOR LIABILITIES

SECTION 05: CENTRAL GOVERNMENT OR THE BHARAT ALUMINIUM COMPANY NOT TO BE LIABLE FOR PRIOR LIABILITIES

(1) Every liability of the Company in relation to the Aluminium undertaking in respect of any period prior to the appointed day shall be the liability of the Company and shall be enforceable against it and not against the Central Government or where the Aluminium undertaking is directed under section 6-, to vest in the Bharat Aluminium Company, against that company.

(2) For the removal of doubts, it is hereby declared that,-

(a) save as otherwise expressly provided in this Act, no liability of the Company in relation to the Aluminium undertaking in respect of any period prior to the appointed day, shall be enforceable against the Central Government or where the Aluminium undertaking is directed under section 6-to vest in the Bharat Aluminium Company, against that company;

(b) no award, decree or order of any court, tribunal or other authority in relation to the Aluminium undertaking; passed after the appointed day, in respect of any matter, claim or dispute which arose before that day, shall be enforceable against the Central Government or where the Aluminium undertaking is directed under section 6-to vest in the Bharat Aluminium Company, against that company;

(c) no liability incurred by the Company before the appointed day, for the contravention of any provision of law for the time being in force shall be enforceable against the Central Government or where the Aluminium undertaking is directed under section 6-to vest in the Bharat Aluminium Company, against that company.