Act Number: 41

Act Name: The Britannia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertakings) Act, 1978

Year: 1978

Enactment Date: 1978-12-08

Long Title: An Act to provide for the acquisition and transfer of the right, title and interest of the undertakings of Britannia Engineering Company in relation to the Mokameh unit owned by it and the right, title and interest of Arthur Butler and Company in relation to the undertakings owned by it, with a view to ensuring the continued manufacture of railway wagons and other goods essential to the needs of the country in general and the Railways in particular, and for matters connected therewith or incidental thereto.

Ministry: Ministry of Railways

Department:

Section 6: Britannia Engineering Company and Arthur Butler and Company to be liable for certain prior liabilities.
    (1) Every liability of Britannia Engineering Company in relation to the Mokameh unit, or of Arthur Butler and Company in relation to the undertakings owned by it, in respect of any period prior to the appointed day, shall be the liability of Britannia Engineering Company, or Arthur Butler and Company, as the case may be, and shall be enforceable against such company and not against the Central Government or the Government company.
     (2) For the removal of doubts, it is hereby declared that,--
         (a) save as otherwise expressly provided in this section or in any other section of this Act,--
             (i) no liability of Britannia Engineering Company, in relation to the Mokameh unit, and
             (ii) no liability of Arthur Butler and Company, in relation to the undertakings owned by it,
in respect of any period prior to the appointed day, shall be enforceable against the Central Government or the Government company, as the case may be;
         (b) no award, decree or order of any court, tribunal or other authority in relation to the Mokameh unit, or in relation to the undertakings owned by Arthur Butler and Company, passed after the appointed day in respect of any matter, claim or dispute, which arose before that day, shall be enforceable against the Central Government or the Government company, as the case may be;
         (c) no liability incurred before the appointed day by--
             (i) Britannia Engineering Company, in relation to the Mokameh unit, or
             (ii) Arthur Butler and Company, in relation to the undertakings owned by it,
for the contravention of any provision of law for the time being in force shall be enforceable against the Central Government or the Government company as the case may be.
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