The Tamil Nadu Relief Undertakings (Special Provisions) Act, 1969

1. (1) This Act may be called the Tamil Nadu Relief Undertakings (Special Provisions) Act, 1969.
2. (2) It extends to the whole of the State of Tamil Nadu.
3. (3) It shall come into force on such date as the Government may, by notification, appoint.

In this Act, unless the context otherwise requires,—

1. (1) "Government" means the State Government;
2. (2) "Government company" means a Government company as defined in the Companies Act, 1956 (Central Act 1 of 1956), in which not less than fifty-one per cent of the paid-up share capital is held by the Government or by a Government company which is a subsidiary of such Government company: Explanation.—In this clause, "Government company" and "subsidiary company" shall have the same meanings as defined in the Companies Act, 1956 (Central Act 1 of 1956);
3. (3) "industry" means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation and "industrial" shall be construed accordingly;
4. (4) "relief undertaking" means a State industrial undertaking in respect of which a declaration under section 3 is in force;
5. (5) "State industrial undertaking" means an industrial undertaking—
   • (a) which is started or which or the management of which is, under any law or agreement, acquired or otherwise taken over by the Government or by a Government company and is run or proposed to be run by, or under the authority of, the Government or a Government company;
   • (b) to which any loan, advance, or grant has been given, or in respect of any loan whereof, a guarantee has been given, by the Government or a Government company.

Declaration of relief undertaking.—(1) If the Government are satisfied that it is necessary to do so in the public interest, with a view to enabling the continued running or restarting of a State industrial undertaking as a measure of preventing, or of providing relief against, unemployment, the Government may, by notification, declare that the State industrial undertaking shall, with effect from such date and for such period as may be specified in the notification, be a relief undertaking: Provided that no notification under this sub-section shall, in the first instance, exceed one year; but the Government may, by a like notification, extend from time to time, by any period not exceeding one year at any one time, any such notification, so however, that no notification under this sub-section shall in any case remain in force for more than ten years in the aggregate.

Application of certain enactments and contracts, agreements, etc., to relief undertaking.—The Government may, if they are satisfied that it is necessary so to do for the purpose specified in section 3, direct, by notification, that—

1. (a) in relation to any relief undertaking, all or any of the enactments specified in the Schedule shall not apply (and such relief undertaking shall be exempt therefrom) or shall apply with such adaptations, whether by way of modification, addition or omission, as may be specified in the notification; or
2. (b) that all or any of the contracts, assurances of property, agreements, settlements, awards, standing orders or other instruments in force, to which a relief undertaking is a party or which may be applicable to any relief undertaking, immediately before the date on which the relief undertaking was declared a relief undertaking, shall be suspended in operation or that all or any of the rights, privileges, obligations and liabilities accruing or arising thereunder before the said date, shall be suspended or be enforceable with such modifications and in such manner as may be specified in such notification.

A notification under section 4 shall have effect notwithstanding anything to the contrary contained in any other law, agreement or instrument or any decree or order of a court, tribunal, officer or other authority.

Any remedy for the enforcement of any right, privilege, obligation or liability referred to in clause (b) of section 4 and suspended or modified by or under that section, shall, in accordance with the terms of the notification, be suspended or modified and all proceedings relating thereto pending before any court, tribunal, officer or other authority shall accordingly be stayed or be continued subject to such modification, so however, that on the notification ceasing to have effect—

1. (a) any right, privilege, obligation or liability so suspended or modified shall revive and be enforceable as if the notification had never been issued; and
2. (b) any proceeding so stayed shall be proceeded with subject to the provisions of any law which may then be in force from the stage which had been reached when the proceeding was stayed.

In computing the period of limitation for the enforcement of any right, privilege, obligation or liability referred to in clause (b) of section 4, the period during which it or the remedy for the enforcement thereof was suspended shall be excluded.