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Section 5 – The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act,1986

The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act,1986

Section 5. Company to be liable for certain prior liabilities

(1) Every liability of the Company in relation to the textile undertakings in respect of any period prior to the appointed day shall be the liability of the Company and shall be enforceable against it and not against the Central Government or the National Textile Corporation.

(2) 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 Company in relation to the textile undertakings, in respect of any period prior to the appointed day shall be enforceable against the Central Government or the National Textile Corporation.

(b) No award, decree or order of any court, tribunal or other authority in relation to any textile undertaking, passed after the appointed day, in respect of any matter, claim or dispute which arose before that day shall be enforceable against the Central Government or the National Textile Corporation.

(c) No liability incurred by the Company in relation to any textile undertaking before the appointed day, for the contravention of any provision of law for the time being in force, shall be enforceable against the Central Government or the National Textile Corporation.

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The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act,1986

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