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Ganesh Flour Mills Company Limited (Acquisition and Transfer of Undertakings) Act,1984

Act No : 16


Section : THE COMPANY TO BE LIABLE FOR CERTAIN PRIORITY LIABILITIES

SECTION 06: THE COMPANY TO BE LIABLE FOR CERTAIN PRIORITY LIABILITIES

(1) Every liability, other than the liability specified under sub-section (2), of the Company in relation to the Ganesh Flour Mills 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 Ganesh Flour Mills vest in a Government company against the Government company.

(2) Any liability in respect of the amount advanced, after the date of taking over to the Company in relation to the Ganesh Flour Mills, together with interest due thereon and the wages, salaries and other dues of persons employed in the Ganesh Flour Mills in respect of any period after the date of taking over shall on and from the appointed day be the liability of the Central Government and shall be discharged by the Central Government or for and on behalf of that Government, by the Government company as and when repayment of such amount becomes due or as and when such wages, salaries and other dues become due and payable.

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

(a) save as otherwise expressly provided in this section or in any other section of this Act, no liability other than the liability specified in sub-section (2), of the Company in relation to the Ganesh Flour Mills, in respect of a period prior to the appointed day shall be enforceable against the Central Government or the Government company as the case may be.

(b) no award, decree or order of any court, tribunal or other authority in relation to the Ganesh Flour Mills, passed after the appointed day, in respect of any matter claim or dispute in relation to any matter, not being a matter referred to in sub-section (2), which arose before that day shall be enforceable against the Central Government, or the Government company as the case may be.

(c) no liability incurred by the Company before the appointed day, for the contravention, in relation to the Ganesh Flour Mills of any provision of law for the time being in force shall be enforceable against the Central Government or the Government company as the case may be.




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