Tamil nadu act 021 of 1969 : Tamil Nadu Relief Undertakings (Special Provisions) Act, 1969

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Relief Undertakings (Special Provisions) Act, 1969.

(2) It extends to the whole of the State of Tamil Nadu.

(3) It shall come into force on such date as the Government may, by notification, appoint.

Section 2. Definitions

2. Definitions.- In this Act, unless the context otherwise requires,-

(1) "Government" means the State Government;

(2) "Government company" means any company in which not less than fifty-one per cent of the paid up share capital is held by the Government, and includes a company which is a subsidiary of any such Government company.

Explanation.-In this clause, "company" means a company as defined in the Companies Act, 1956 (Central Act 1 of 1956);

(3) "industry" means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft or industrial occupation or avocation of workmen, and the word "industrial" shall be construed accordingly;

(4) "relief undertaking" means a State industrial undertaking in respect of which a declaration under section 3 is in force;

(5) "State industrial undertaking" means an industrial undertaking-

(a) which is started or which or the management of which is under any law or agreement acquired or otherwise taken over by the Government or by a Government company and is run or proposed to be run by, or under the authority of, the Government or a Government company; or

(b) to which any loan, advance, or grant has been given, or in respect of any loan whereof, a guarantee has been given by the Government or a Government company.

Section 3. Declaration of relief undertaking

3. Declaration of relief undertaking.- The Government may, if satisfied that it is necessary or expedient so to do in the public interest, with a view to enabling the continued running or restarting of a State industrial undertaking as a measure of preventing, or of providing relief against unemployment, declare, by notification, that the State industrial undertaking shall, with effect on and from such date and an such period as may be specified in the notification, be a relief undertaking:

Provided that the period so specified shall not, in the first instance, exceed one year but may, by a like notification, be extended from time to time, by any period not exceeding one year at any one time; so however, that no notification issued under this section shall in any case remain in force for more than ¹[ten years] in the aggregate.

Section 4. Application of certain enactments and contracts, agreements, etc., to relief undertaking

4. Application of certain enactments and contracts, agreements, etc., to relief undertaking.- The Government may, if satisfied that it is necessary or expedient so to do for the purposes specified in section direct, by notification,-

(a) that in relation to any relief undertaking all or any of the enactments specified in the Schedule shall not apply ??? shall apply with such adaptations, whether by way of modification, addition or omission, as may be specified in such notification: or

(b) that all or any of the contracts, assurances of property, agreements, settlements, awards, standing-orders or other in struments in force, to which any relief undertaking is a party or which may be applicable to any relief undertaking, immediately before the date with effect on and from which the relief undertaking was declared a relief undertaking, shall be suspended in operation or that all or any of the rights, privileges, obligations and liabilities accruing or arising thereunder before the said date, shall be suspended or be enforceable with such modifications and in such manner as may be specified in such notification.

Section 5. Overriding effect of notification under section 4

5. Overriding effect of notification under section 4.- A notification under section 4 shall have effect notwithstanding anything to the contrary contained in any other law, agreement or instrument or any decree or order of a court, tribunal, officer or other authority.

Section 6. Suspension or modification of certain remedies, rights, etc., stay of proceedings, their revival and continuance

6. Suspension or modification of certain remedies, rights, etc., stay of proceedings, their revival and continuance.- Any remedy for the enforcement of any right, privilege, obligation or liability referred to in clause (b) of section 4 and suspended or modified, by a notification under that section, shall, in accordance with the terms of the notification, be suspended or modified and all proceedings relating thereto pending before any court, tribunal, officer or other authority shall accordingly be stayed or be continued subject to such modification, so however that on the notification ceasing to have effect-

(a) any right, privilege, obligation or liability so suspended or modified shall revive and be enforceable as if the notification had never been issued; and

(b) any proceeding so stayed shall be proceeded with subject to the provisions of any law which may then be in force from the stage which had been reached when the proceeding was stayed.

Section 7. Period of limitation

7. Period of limitation.- In computing the period of limitation for the enforcement of any right, privilege, obligation or liability, referred to in clause (b) of section 4, the period during which it or the remedy for the enforcement thereof was suspended shall be excluded.