Section 5   [ View Judgements ]

Owners of the two Companies to be liable for certain prior liabilities


(1) Every liability, other than the liability specified in sub-section (2), of each of the two companies in respect of any period prior to the appointed day, shall be the liability of the concerned company and shall be enforceable against it and not against the Central Government, or where the undertakings of the two companies are directed under section 6, to vest in Government company, against the concerned Government company.



(2) Any liability arising in respect of materials supplied to either of the two companies after the management of its undertakings had been taken over by the Central Government, shall, on and from the appointed day, be the liability of the Central Government or of the concerned Government company aforesaid, and shall be discharged by that Government or Government Company, as and when repayment for such supplies becomes due and payable.



(3) For the removal of doubts, it is hereby declared that -



(a) save as otherwise expressly provided in this section or in any other provision of this Act, no liability, other than the liability specified in sub-section (2), of either of the two companies in relation to its undertakings in respect of any period prior to the appointed day shall l be enforceable against the Central Government, or, where the undertakings of the two companies are directed, under section 6, to vest in Government company, against the concerned Government company;



(b) no award, decree or order of any court, tribunal or other authority in relation to the undertakings of either of the two companies, passed on or after the appointed day, in respect of any matter, claim or dispute, not being a matter, claim or dispute in relation to any matter referred to in sub-section (2), which arose before that day, shall be enforceable against the Central Government, or where the undertakings of the two companies are directed, under section 6, to vest in Government company, against the concerned Government company;



(c) no liability incurred by either of the two companies 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, where the undertakings of the two companies are directed, under section 6, to vest in Government company, against the concerned Government company.

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