Section 5   [ View Judgements ]

Jute companies to be liable for certain prior liabilities


(1) Every liability, other than the liability specified in sub-section (2), of a jute company in respect of any period prior to the appointed day, shall be the liability of that company and shall be enforceable against it and not against the Central Government, or, where the undertakings of the jute company vest in the Jute Manufactures Corporation, by or against that Corporation.



(2) Any liability arising in respect of loans advanced by the Central Government or any State Government, or both, to a jute company (together with interest due thereon) after the management of its undertakings of the said jute company had been taken over by the Central Government, shall, on and from the appointed day, be the liability of the Central Government and shall be discharged by that Government or, by the Jute Manufactures Corporation, as and when repayment of such loans becomes due and payable.



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



(a) save as otherwise expressly provided in this Act, no liability, other than the liability specified in sub-section (2), of any jute company in relation to its undertakings in respect of any period prior to the appointed day shall be enforceable against the Central Government, or, where the undertakings of the such company are director under section 6, to vest in the Jute Manufactures Corporation, against that Corporation.



(b) no award, decree or order of any court, tribunal or other authority in relation to the undertakings of any jute company, passed on or after the appointed day, in respect of any matter, claim or dispute, which arose before that day, not being a matter, claim or dispute in relation to any liability specified in sub-section (2) shall be enforceable against the Central Government or where the undertakings of such company are directed under section 6, to vest in the Jute Manufactures Corporation, against that Corporation.



(c) no liability incurred by any jute company 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 such company are directed under section 6, to vest in the Jute Manufactures Corporation, against that Corporation.



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