Section 32 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986
If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date on which the Ordinance was promulgated.
Summary
- If a problem comes up while trying to put this Act into practice, the Central Government can issue an order to remove the difficulty.
- Any order made to fix a problem must not contradict the actual rules written in the Act.
- The government cannot use this power forever.
- The time limit to issue these problem-fixing orders is two years.
- The two-year time limit starts from the date the original Ordinance was issued.
Practical examples
FAQ
1. Who has the power to fix difficulties in applying the Act?
The Central Government.
2. Can the government issue an order that changes what the Act says?
No, any order made to remove a difficulty must not be inconsistent with the provisions of the Act.
3. How long does the government have this power?
They can only use this power for two years from the date the Ordinance was issued.
Test yourself
Q1.Under Section 32 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, what is the hard time limit for the Central Government to issue an order to remove a difficulty?
Q2.Under Section 32 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, what condition must an order meet when removing a difficulty?
Q3.Under Section 32 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, when does the clock start ticking for the government's deadline to issue a difficulty-removal order?
Q4.Under Section 32 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, who holds the authority to recognize a difficulty and issue the order to remove it?