Taking over of the management of the undertaking of the Tea Companies in relation to the Tea Units

Taking over of the management of the undertaking of the Tea Companies in relation to the Tea Units - (1) On and from the appointed day the management of the undertaking of the Tea Companies in relation to the Tea units only shall vest in the State Government for a period of five years: Provided that the State Government may, from time to time, by notification in the official gazette extend the period, as aforesaid, for such period not exceeding one year at a time as may be specified in the notification, so, however, that the total period of such extension shall not exceed two years (after the expiry of five years as aforesaid) and wherein such notification is issued, a copy thereof shall be laid as soon as may be, before the Legislative Assembly of Tripura. (2) The undertaking of the Tea Companies in relation to the Tea Units shall be deemed to include all assets, rights, leaseholds, powers, authorities and privileges and all properties, movable and immovable, including lands, buildings, workshops, projects, stores, spares, instrument, machinery, equipments, automobiles and other vehicles, cash balance, reserve fund, investment and book debts and all other rights and interests arising out of such property as were, immediately before the appointed day, in the ownership, possession, power, or control of the concerned Company, and all books of accounts, registers, and other documents of whatever nature relating thereto. (3) If any building, workshop, store, machinery or other things of the Tea Unit, as specified in sub-section (2), are situated on any land of the Tea Units which have been sold in auction for default in payment of land revenue, the right of user in such lands of all persons or body of persons accruing from such sale shall, unless otherwise decided by the State Government., remain suspended till the management in relation to the Tea Units remain vested with the State Government: Provided that the State Government or the custodian shall pay to such person or body of persons an annual compensation of such amount as may be specified by the State Government for suspending the rights of user. (4) Any contract, whether expressed or implied, or other arrangement, in so far as it relates to the management of the business and affairs of either of the Tea Companies in relation to the tea units only, and in force immediately before the appointed day, shall be deemed to have terminated on the appointed day. (5) All persons in-charge of the management, including the persons holding office as Director, Manager or anyother managerial personnel of either of the Tea Companies, in relation to the tea units, immediately before the appointed day shall be deemed to have vacated their respective offices in relation to such units only on the appointed day. (6) Notwithstanding anything contained in any other law for the time being in force, no person in respect of whom any contract of management or other arrangement is terminated by reason of the provision contained in sub-section

1. (4) or who ceases to hold any office by reason of the provision contained in sub-section (5), shall be entitled to claim any compensation for the premature termination of the contract of management or other arrangement or for the loss of office, as the case may be. (7) Notwithstanding any judgement, decree or order of any court, tribunal or other authority or anything contained in any other law (other than this Act) for the time being in force, every Receiver or other person in whose possession or custody or under whose control any of the tea units or any part thereof may be immediately before the appointed day, shall, on the commencement of this Act deliver possession of the said tea units or such part thereof, as the case may be, to the custodian, where no custodian has been appointed, to such other person as the State Government may direct. (8) For the removal of doubt, it is hereby declared that any liability incurred by either of the tea companies in relation to its tea units before the appointed day shall be enforceable against the concerned tea company and not against the State Government or the custodian.