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Section 31: Pr4teciion of action taken in -good faith

The Common Wealth Trust, Kozhikkode(Acquisition and Transfer of Undertaking)Act, 2012(1 of 2018)State Act of Kerala · Act 1 of 2018

No suit, prosecution or other legl proceeding-shall lie against the Government or any officer of the Government or the State Industrial Development Corporation or 20 any Subsidiary Corporation or any officer or other person authorised by either of such Corporation for anything which is in good faith done or intended to be done under this Act.

Delegation of powers.—( 1) The Government may, by notification in the Gazette, direct that all or any of the powers exercisable by them under this Act, other than the powers under section 33 and section 35, $ may also be exercised by any person or persons as may be specified in the notification.

(2) Whenever any delegation of power is made under sub-section (1), the person to whom such power has been delegated shall act under the direction, control and supervision of the Government.

Power to remove dfflculties.—If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, not inconsistent with the provisions of this Act, remove such difficulty:

Provided that no such order shall be made after the expiry of a period of two years from the date Of commencement of this Act.

Declaration as to the policy of the State.—It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in clause (b) of article 39 of the Constitution of India.

Explanation:—In this section "State" has the same meaning as in article 12 of the Constitution of India.

Power to make rules.—(l) The Government may, by notification in the Gazette, make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—

(a) the time within which and the manner in which an intimation referred to in sub-section (4) of section 4 shall be given;

.1. -.

21

(b) the manner in which money in any provident fund or other fund ref?rred to in section 15 shall be dealt with, () any other matter which is required to be, or may be, ..presribêd.

(3) Every rule made under this Act shall be laid as soon as may be after it iS nade, before the Legislative Assembly, while it is in session,' for a total pehod of fourteen days which may be compnsed in one session or in two sucessive sessions, and if, before the expiry of the - session in - which it is so laid or the session immediately following, the Legislative Assembly i4akes any modification in the ruleor decides that the. rule should not-be in'ade,.the rule shall thereafter have effect only in such modified foim or be' of no effect, as the case may be; so however, that . . any such ffiodification or annulment shall be % without prejudice to the validity, of dnything 'previously done under that rule. •• THE Fusi SCHEDULE • .

[See,sections 2(f),'2(g), 4(5) and 8] '.

Nqme' k the • Name of the '' Amount • under4iking . S Owner (in Rupees) . (2) • • .. - Th 'Hdndloom Wéàving 'The' Commonwealth 500 lakhs -• •,. -. 'Factory! of the Common- Trust (India)" (Excluding wealth/Trust India Limited, • Limited • • . - liabilities) Mananchira, •. • ' • • ' Kozhikode..

.22.

THE SE'OND SCHEDULE - (See sections 20, 21, 22 and 26) ORDER OF PRIORITIES FOR THE DISCHARGE OF LIABILITIES S IN RESPECT OF THE UNDERTAKING

PART I Category 1 .

Arrears in relation to provident fund, salaries and wages, and other amounts, due to an employee for the pre-take over management period.

PART Il—OTHER LIABILITIES (A) POST-TAKEOVER MANAGEMENT PERIOD Category 11 :

Loans advanced by a Bank.

Loans advanced by an Institution other than a Bank.

Any other loan.

Any credit availed of for purposes of trade or manufacturing operations.

Category III Revenue, taxes, cesses, rates or any other dues to the Central Government or a State Government.

Any other dues. .

(B) PRE-TAKEOVER MANAGEMENT. PERIOD Category IV .

Principal amounts of the secured loans advanced by any Nationalised Bank or Public Financial Institution.

23 Caiego;y V .:Secured loans other than those SpecIfied under Categiy Iv.

Catégoiy Vi RevenueI'State taxes, cesses, rates or any other dues to the Central Government, Government, a local authority or a State Electricity Board.

Category VII -

(a) Aliy credit availed of for purpose of trade or manufacturing ojkrations.

(b) Any other. dues.

Catego,y iIJI • Interest Imounts on the secured loans advanced by any Nationâlised Bank or Public Financial Institution .• THE TnIRD SCHEDULE S [See sections 2(h)] Descriptioiio m X en f properties.. Name of the E Fair.

sold and used Owner .

Value

(1) (2) (3) (4) Kozhikocle Taluk The Conirnonwealth Nagararn Village Trust (India) Ltd., 1.5547 24,70,000/ I Résurve-T S •KOzhikodè. Hectare Are.

77-l48 .• 7-7-131 • • 7-7-12 • • 78-134 •• . .

7-8-15 S .

7-8-1,S7 • S 7-8-169 :: • 5 0 0 0 • 0

Where this provision sits

ActThe Common Wealth Trust, Kozhikkode(Acquisition and Transfer of Undertaking)Act, 2012(1 of 2018)
Section31
Marginal notePr4teciion of action taken in -good faith
JurisdictionState of Kerala
StatusIn force as published by the source

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