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Section 5: Owner to be liable for certain prior liabilities

The Commonwealth Trust, Kozhikode (Acquistion and Transfer of Undertaking) Act, 2012State Act of Kerala · Act 1 of 2018

(1) Every liability, other than the liability specified in sub-section (2), of the owner in respect of any period prior to the date of commencement of this Act shall be the liability of such owner and shall be enforceable against him and not against the Government or the Kerala State Industrial Development Corporation.

(2) Any liability arising in respect of,—

(a) loans advanced by the Central Government or the State Government to the undertaking (together with interest due thereon);

(b) wages, salaries and other dues of employees of the said undertaking, in respect of any period after the undertaking has been taken over by the Government, shall be the liability of the Government and shall be discharged, for and on behalf of the Government, by the State Industrial Development Corporation as and when repayment of such loans or amounts become due or as and when such wages, salaries or 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 secton of this Act, no liability, other than the liability specified in sub-section (2), in relation to the undertaking or the property sold in respect of any period prior to the date of commencement of this Act, shall be enforceable against the Government or the Kerala State Industrial Development Corporation;

(b) no award, decree or order of any court, tribunal or other authority in relation to the undertaking or the properties sold, which are passed after the date of commencement of this Act in respect of any matter, claim or dispute, in relation to any matter not referred to in sub-section (2) which arose before that day, shall be enforceable against the Government or the State Industrial Development Corporation;

(c) no liability of the undertaking or any owner thereof for the contravention, before the company has been closed, of any provision of a law for the time being in force, shall be enforceable against the Government or the State Industrial Development Corporation.

Where this provision sits

ActThe Commonwealth Trust, Kozhikode (Acquistion and Transfer of Undertaking) Act, 2012
Section5
Marginal noteOwner to be liable for certain prior liabilities
JurisdictionState of Kerala
StatusIn force as published by the source

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