MISCELLANEOUSCentral

Section 25 of The Inchek Tyres Limited and National Rubber Manufacturers Limited (Nationalisation) Act, 1984

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law, other than this Act, or in any decree or order of any court, tribunal or other authority.

Summary

The provisions of this Act will apply even if they conflict with any other existing law.
The Act also overrides any document, agreement, or instrument that gets its power from another law.
Any order, decree, or judgment from a court, tribunal, or any other authority that is inconsistent with this Act will not stop this Act from having effect.
This ensures that the acquisition and nationalisation of the undertakings proceed without being blocked by outside legal challenges or previous legal arrangements.

Practical examples

1A creditor named Rajesh Kumar obtained a court decree on January 10, 1984, ordering Inchek Tyres Limited to pay him 50,000 rupees. However, since the Act overrides court decrees, Rajesh cannot use that decree to seize any factory equipment that has vested in the government, and must instead claim through the Commissioner of Payments.

2An old municipal rule in Calcutta says that certain industrial land cannot be transferred without paying a 10% local transfer tax. Under Section 25, the nationalisation Act overrides this municipal rule, and the land transfers to the Central Government on February 14, 1984, without any such tax being payable under that other law.

FAQ

1. What does it mean when the Act says it has an over-riding effect?

It means that if there is a conflict between this Act and any other law, legal document, or court order, this Act wins, and its rules must be followed first.

2. Does this over-riding power apply to agreements or contracts that are based on other laws?

Yes, the Act overrides any instrument or legal document that has effect under any other law, if that document is inconsistent with this Act.

3. Can a court or tribunal issue an order that stops this Act from being applied?

No, the Act overrides any decree, order, or restriction issued by any court, tribunal, or other authority that is inconsistent with it.

Test yourself

Q1.Under Section 25 of The Inchek Tyres Limited and National Rubber Manufacturers Limited (Nationalisation) Act, 1984, what happens if a provision of this Act is inconsistent with another law that is currently in force?

Q2.If a court had passed a decree restricting the transfer of certain properties of Inchek Tyres Limited before the nationalisation, how does Section 25 of The Inchek Tyres Limited and National Rubber Manufacturers Limited (Nationalisation) Act, 1984 affect that decree?

Q3.Under Section 25 of The Inchek Tyres Limited and National Rubber Manufacturers Limited (Nationalisation) Act, 1984, which of the following is overridden if it is inconsistent with this Act?

Q4.Suppose an instrument has legal effect by virtue of another law. Under Section 25 of The Inchek Tyres Limited and National Rubber Manufacturers Limited (Nationalisation) Act, 1984, what is its status if it contains terms inconsistent with this Act?

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