section 5
Owner to be liable for certain prior liabilities
The Gujarat Closed Textile Undertakings (Nationalisation) Act, 1986Corporate198617 sections
Statutory text
Owner to be liable for certain prior liabilities.—
- (1) Every liability, other than the liability specified in sub-section (2), of the owner of a closed textile undertaking, in respect of any period prior to the appointed day, shall be the liability of such owner and shall be enforceable against him and not against the State Government or the State Corporation.
- (2) Any loan or other liabilities advanced by the Central Government or the State Government or the State Corporation or any financial institution to a closed textile undertaking before the appointed day shall continue to be the liability of such owner and shall be enforceable against him and not against the State Government or the State Corporation.
- (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 of the owner of a closed textile undertaking in respect of any period prior to the appointed day shall be enforceable against the State Government or the State Corporation;
- (b) no award, decree or order of any court, tribunal or other authority in relation to a closed textile undertaking passed after the appointed day, in respect of any matter, claim or dispute, not being a matter, claim or dispute in relation to any matter referred to in this Act, shall be enforceable against the State Government or the State Corporation;
- (c) no liability incurred by the owner of a closed textile undertaking before the appointed day, in contravention of any provision of law for the time being in force, shall be enforceable against the State Government or the State Corporation.
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