Section 5:
Central Government or the Bharat Aluminium Company not to be liable for prior liabilities.
(1) Every liability of the Company in relation to the Aluminium undertaking
in respect of
any period prior to the appointed day shall be the liability of the Company and shall be enforceable
against it and not against the Central Government or where the Aluminium undertaking is directed under
section 6, to vest in the Bharat Aluminium Company, against that company.
(2) For the removal of doubts, it is hereby declared that,--
(a) save as otherwise expressly provided in this Act, no liability of the Company in relation to the
Aluminium undertaking in respect of any period prior to the appointed day, shall be enforceable
against the Central Government or where the Aluminium undertaking is directed under section 6 to
vest in the Bharat Aluminium Company, against that company;
(b) no award, decree or order of any court, Tribunal or other authority in relation to the
Aluminium undertaking, 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 where the
Aluminium undertaking is directed under section 6 to vest in the Bharat Aluminium Company,
against that company;
(c) no liability incurred by the 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 Aluminium undertaking is directed under section 6 to vest in the Bharat Aluminium
Company, against that company.