Power of the State Government to make certain declaration in relation to certain tea units

Power of the State Government to make certain declaration in relation to certain tea units -

1. (I) The State Government may, if satisfied, in relation to any tea unit or any part thereof, the management of which has vested in it by this Act that it is necessary so to do in the interest of the general public, with a view to preventing any fall in the volume of production of tea by such tea units, by notification declare that the operation of all or any of the contracts, assurances of property, agreements, settlements, awards, standing order or other instruments in force (to which such tea units or the Tea Company owning such tea unit is a Party or which may be applicable to such tea unit) immediately before the date of issue of the notification shall remain suspended or that all or any of the rights, privileges, obligations and liabilities accruing or arising thereunder before the said date, shall remain suspended or shall be enforceable with such adaptation and in such manner as may be specified in the notification. Explanation :- For the purpose of this sub-section 'award' shall not include on industrial award.

1. (2) The notification made under sub-section
   • (I) shall remain in force, in the first instance, for a period of one year but the duration of such notification may extended from time to time by a further notification for a period not exceeding one year at a time :

Provided that no such notification shall, in any case, remain in force after the expiry of three years from the commencement of this Act.

1. (3) Any notification made in sub-section
2. (1) shall have effect notwithstanding anything to the contrary contained in any other law, agreement or instrument or any decree or order of court, tribunal, Officer or other authority or of any submission, settlement or standing order.
3. (4) Any remedy for the enforcement of any right, privilege, obligation or liability referred to in sub-section
4. (1) and suspended or modified and all proceedings relating thereto pending before any court, tribunal, officer or other authority shall accordingly remain stayed or be contained subject to such adaptation; so, however, that on the notification ceasing to have effect-
   • (a) any right, privilege, obligation or liability so suspended or modified shall become revived and enforceable as if the notification had never been made ;
   • (b) any proceeding so remained stayed shall be proceeded with subject to the provision of any law which may be then in force, from the stage which had been reached when the proceeding became stayed.
5. (5) In computing the period of limitation for the enforcement of any right, privilege, obligation or liability referred to in sub-section (1), the period during which it or the remedy for the enforcement thereof remained suspended shall be excluded.