The Sikkim Relief Undertaking Act, 1987
The Sikkim Relief Undertaking Act, 1987
1. Short title and Commencement
(1) This Act may be called the Sikkini Relief Undertaking Act, 1987. (2) It shall come into force at once.
2. Definitions
In this Act, unless the context otherwise requires.-- (a) "Committee" means a Committee appointed by the State Government consisting of one or more persons not exceeding five in number; (b) "Government" means the State Government of Sikkim; (c) "Notification" means notification published in the Official Gazette; (d) "Undertaking" includes any establishment carrying on social, religious or charitable activities.
3. Taking over management and administration of any undertaking by the Government
Where the Government is of the opinion that an undertaking is not properly functioning or the functioning of an undertaking is to be improved for the benefit of the undertaking and all persons connected with the undertaking and if it is so necessary in the public interest, the Government may, by notification, take over management and administration of such undertaking.
4. Appointment of Committee
On and from the issue of the notification under Section 3, the Government shall appoint a Committee for the management and administration of such an undertaking.
5. Vest in the management of undertaking
On and from the date of issue of the notification under Section 3, the management of such an undertaking shall vest in the Committee so appointed under Section 4.
6. Period for which the management and administration of an undertaking can be taken over
The management and administration of an undertaking under this Act shall be taken over initially for a period of five years and may be extended for a period of another five years not exceeding one year at a time, by notification.
7. Tenure of Committee
(1) The tenure of the Committee so appointed under Section 4 shall he for a period of three years which may be extended by the Government if it deems fit. (2) If the Government is of the opinion that the Committee so appointed is not functioning properly, the Government shall remove the same and appoint a fresh Committee. (3) The terms and conditions of the members of the Committee and the conduct of the business by the Committee shall be as may be prescribed.
8. Liabilities incurred by past management
During the period of management and administration of an undertaking under this Act, all liabilities incurred by the past management shall stand suspended as against the management under this Act.
9. Power to make rules
The State Government may, by notification, make rules for carrying out the purposes of this Act.
10. Repeal and saving
(1) The Sikkirn Relief Undertaking Ordinance, 1986 (Ordinance No. 1 of 1987) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed, shall be deemed to have been done or taken under the corresponding provisions of this Act.
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