The SIKKIM RELIEF UNDERTAKING ACT,1987

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 J3th 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 shallcomeintoforceat 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.

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 repealed.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)
2
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
managementand administrationofsuchan 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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