Relief Undertaking Act, 1987
An Act to make temporary provisions for empowering the Government to take over the management and administration of certain undertakings for better management and improvement in the public interest;
Whereas it is expedient to empower the Government to take over the management and administration of certain undertakings for better management and improvement;
Be it enacted by the Legislative Assembly of Sikkim in the Thirty-eighth Year of the Republic of India as follows:
Section 1. Short title and commencement
This Act may be called the Sikkim Relief Undertaking Act, 1987.
(2) It shall come into force at once.
Section 2.
2. In this Act, unless, the context otherwise requires.
(a) Committee means a Committee appointed by the State Government consisting of one or more persons not exceeding five in number;
(b) Government means the State Government of Sikkim;
(c) Notification means notification published in the Official; gazette;
(d) Undertaking includes any establishment carrying on social; religious or charitable activities.
Section 3.
3. Where the Government is of the opinion that an undertaking is not properly functioning or the functioning of an undertaking is to be improved for the benefit of the undertaking and all persons connected with the undertaking and if it is so necessary in the public interest, the Government may, by notification, take over management and administration of such undertaking.
Section 4.
4. On and from the issue of the notification under Section 3, the Government shall appoint a Committee for the management and administration of such an undertaking.
Section 5.
5. On and from the date of issue of the notification under Section 3, the management of such an undertaking shall vest in the Committee so appointed under section 4.
Section 6.
6. The management and administration of an undertaking under this Act shall be taken over initially for a period of five years and may be extended for a period of another five years not exceeding one year at a time, by notification.
Section 7.
7. (1) The tenure of the Committee so appointed under. Section 4 shall be for a period of three years which may be extended by the Government if it deems fit.
(2) If the Government is of the opinion that the Committee so appointed is not functioning properly, the Government shall remove the same and appoint a fresh Committee.
(3) The terms and conditions of the members of the Committee and the conduct of the business by the Committee shall be as may be prescribed.
Section 8. Liabilities incurred by past management
During the period of management and administration of an undertaking under this Act, all liabilities incurred by the past management shall stand suspended as against the management under this, Act.
Section 9. Power to make rules
The State Government may, by notification, make rules for carrying out the purposes of this Act.
Section 10. Repeal and saving Ordinance
(1) The Sikkim Relief Undertaking Ordinance, 1986 (No. 1 of 1987) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed, shall be deemed to have been done or taken under the corresponding provisions of this Act.
1. Received the assent of the Governor on the 13th day of March, 1987 and published in the Sikkim Government Gazette, Extraordinary, No. 2/LDI 1987, dated the 18th March, 1987.