SIKKIM
GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
,_._--_._,.--------, No. 2/LD/1987.
Cangtok, Saturday, March 28, 1987. No. 27
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
NOTIFICATION
Dated the 18th March, 1987. The following Act of the Sikkirn Legislative Assembly having received the assent of the Governor on the J 3th day of March, 1987, is hereby published for general information:-
THE SIKKIM RELIEF UNDERTAKING ACT, 1987.
(ACT NO.1 OF 1987)
AN
ACT
T::> make temporary provisions for empowering the Government tc- take over the management and administration of certain under- takings 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:-
This Act may be called the Sikkinii
Relief Undertaking Act, 1987.
It shall come into force at once. Short title Gild 1- (1) Commence-
mente
(2)
Definitions.
2.
(a) --0,,,-,.• (b)
(c)
(d)
In this Act, unless the context otherwise requires.v-
"Committee" means a Committee appointed by the State Government consisting of one or more persons not excee- ding five in number;
"Government" means the State Government of Sikkim;
"Notification" means notification published in the Official Gazette; ,.'
"Undertaking" includes any establishment carrying on . social, religious or charitable activities.
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The tenure of the Committee so appointed under Section 4 shall he for a period of three years which may be extended by the Government if it deems fit. H 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. The terms and conditions of the members of the Com- mittee and the conduct of the business by the Committee shall be as may be prescribed.
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.
Power to make 9. The State Government may, by notification, make rules rules. for carrying out the purposes of this Act. Repeai and 10. (1) TheSikkirnRelief Undertaking Ordinance, 1986 is hereby Ordinance No. saving. repealed. I of 1987.
(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.
Taking 0\,/'1'
management
an! «dminis-
tration «f any
undcrtak in)! h)'
thr Govcrn-:
mcnt .
Appointment uf
Committee.
VI'S Ii17[;' ,)( 111£1·
nuucmc»! nf
undertaking.
Period [or
which tiu' ma-
nagemcnt and
administration
of an under-
t~{king can be
taken over.
'Lenure of Com-
mit tce.
Liabilities in-
curred h.1' post
manngcincnt.
3.
4.
5.
6.
7. (1)
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Where the Government is of the opinion that an under- taking 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 under- taking and if it is so necessary in the public interest, the Government may, by notification, take over management and administration of such undertaking.
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. 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. 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 fora period of another five years not exceeding one year at a time, by notification.
(2)
(3)
8.
By Order of the Governor,
B. R. PRADHAN,
Secretary to the Govt. of Sikkim, Law Department.
(F. No. 16 (222)/LDj1986. ) '--- ----_._ ...._---
PRINTED AT THE SIKKIM GOVERNMENT PRESS, GANGTOK.
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